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Schedule 1 – Fees Arrangement

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The Term will commence on the date below signed by Homeowner. We require minimum 1 month commitment on a month-by-month cycle and 1 week notice to cancel at the end of the cycle.

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Management Fee: 20% (inclusive of GST) of Revenue derived from each Platform booking.

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Maintenance Fee, Repairs Fee and Other Fees: Cleaning Terminator Specialists will charge the homeowner any applicable Maintenance Fee, Repairs Fee and Other Fees, to extent that the abovementioned Fees are not claimed against any applicable Platform guest security deposit.

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Cleaning, Linen and Consumable Fees: Cleaning of the Property after every booking (which includes provision of Linen (which means sheets and pillowcases for all beds in the Property and sufficient towels for all Guests during each stay) For clarity any Cleaning Fees paid by guests will not be an additional charge to the Homeowner. Steam cleaning of carpets, painting of walls shall be the responsibility of the Homeowner.

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Onboard/Linen purchase Fee: linen setup fee with a receipt will be provided to the homeowner for payment unless homeowner provides the linen and towels, no fee to pay. If an initial clean of the Property is required and agreed with the Homeowner, then an extra cleaning fee will be charged to the Homeowner.

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Free Photography of property : photography (if applicable and agreed by the Homeowner), videography (if applicable and agreed by the Homeowner)

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Schedule 2 – Services

 

 

Listing Services Listing the Property on Platforms agreed upon by the Homeowner and Cleaning Terminator Specialists.

 

Photographic images for the Platform listings (if required) and preparing and updating the Property listing content (if required and approved by the Homeowner).

 

Development and implementation of a pricing strategy for the Property.

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Hosting Support Services

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Providing guests information about the use and care of the Property, handling over keys and any entry passwords all guests upon arrival.. As agreed, we will also add the Homeowner as a Platform co-host to enable the Homeowner to be across of all Platform enquires, bookings and guest communications.

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Developing House manual in consultation with the Homeowner.

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Collecting and monitoring guest payments through the relevant Platform, collecting and holding on trust any security deposits and managing the timely return of trust monies to guests upon departure provided that the guests have not breached their security deposit terms and immediately transferring the balance of any Revenue for each stay to the Homeowner in accordance with clause

 

Making and processing claims on the Platform regarding damage or theft by any guests to the Property and/or any Property contents.

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Professional cleaning after completion of each and every guest booking which, if applicable, must be done in time for the next guest booking.

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Minor property maintenance with prior agreement from the Homeowner.

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Hosting Support Services does not include.

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Repairs or maintenance which require an electrician, builder, plumber or any licensed tradesman. Utilities and other related services for the Property such as gas, electricity, water, internet etc is to be paid by the Homeowner. In the event where a licensed tradesmen is required during the Term, Cleaning Terminator Specialists will source the tradesmen and organize works with the prior approval of the Homeowner. Any charges for tradesmen will be charged back at cost to the Homeowner or the Homeowner will engage directly with the tradesmen.

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Standard Terms and Conditions

This Agreement is made between the Parties referred to in the Order Form. We provide the Services as set out in this Agreement. You wish to be supplied some or all of the Services we provide in accordance with the terms of this Agreement.

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In this Agreement, unless otherwise indicated by the context:

(a) Agreement has the meaning given to it under clause 2.1.

 

(b) Agent means a person or company contracted to act on your behalf in all dealings with us, including the execution of this Agreement and Order Form.

 

(c) Cleaning, Linen and Consumable Fees has the meaning given to that term in Schedule 1.

 

(d) Confidential Information means all information that could be reasonably regarded in the circumstances as confidential, including information which relates to the business, interests or affairs of a party and includes the terms of this Agreement but excludes information which is: A. in the public domain, other than as a result of a breach of this Agreement; or B. independently developed or acquired by a party;

 

(e) Fees means the fees set out in and determined in accordance with Schedule 1.

 

(f) GST means the goods and services tax as it is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.

 

(g) Intellectual Property Rights means all means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary, whether or not registered, registrable or patentable.

 

(h) Maintenance Fee has the meaning given to that term in Schedule 1.

 

(i) Minimum Term has the meaning given to that term in the Order Form.

 

(j) Order Form means the Homeowner Order Form entered into between you and us, and to which these Standard Terms and Conditions have been attached.

 

(k) Platform means a short term letting platform as more specifically defined under Listing Services in Schedule 2.

 

(l) Property means the property under management by Cleaning Terminator Specialists as identified in Schedule 3.

 

(m) Revenue means the income derived from listing the Property on a Platform.

 

(n) Services means the agreed services provided by us to you including the Listing Services and the Hosting Support Services as described in Schedule 2.

 

(o) Start Date means the last date this Agreement is executed by the parties. (p) Term has the meaning given to that term in the Order Form.

 

(q) We, Us, or Our, whether capitalized or not, means Cleaning Terminator Specialists as described in the Order Form.

 

(r) You, Your, or Yours whether capitalized or not, means the Homeowner as described in the Order Form.

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​2. This Agreement 2.1 This agreement consists of:

 

(a) the terms set out in this document referred to as the “Standard Terms and Conditions”

 

(b) the Schedules; and (c) the Order Form signed by you and us, (Agreement).

 

2.2 If there is any inconsistency between the parts of this Agreement, the document listed earlier in clause

 

2.1 prevails to the extent of the inconsistency.

 

2.3 You warrant (or where applicable, your Agent warrants) that you (or your Agent as applicable) have the authority and capacity to enter into this Agreement and grant us access to, and use of, the Property in order to provide the Services as contemplated by the Agreement. We warrant that we have the legal authority to enter into this Agreement and to provide the Services and confirm that our details in the Order Form are correct. We will notify you promptly in writing if our details change.

 

 

2.4 If applicable, you acknowledge and agree that we may communicate with an Agent acting on your behalf in order to obtain instructions and provide information. We assume no liability as to the accuracy of the instructions or information passed between you and the Agent.

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4. Provision of the Services 4.1 We will:

 

(a) list the Property on a Platform at our discretion, with prior consultation with you as the Homeowner and will comply with all reasonable instructions from you;

 

(b) provide the Services with due care and skill and in a prompt fashion as required, but cannot guarantee that our Services will be continuous or fault free;

 

(c) ensure that the Services are reasonably fit for the purpose for which they are supplied and comply with all relevant laws. If we are holding on to any keys and/or security passwords/codes in respect of the Services, we will ensure that we keep such secure, safe and confidential at all times;

 

(d) not engage in any willful misconduct;

 

(e) not cause or directly engage in any reputational damage to you or about your Property;

 

(f) not stay at the Property or allow any other person who has not legally entered into a short term let via a Platform to stay at the Property. We agree that breach of this term will be considered a material beach and will allow you to terminate the Agreement immediately.

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4.2 We will not represent you or act on your behalf in dealing with the Property body corporate or owners corporation.

 

 

4.3 We may sub-contract the cleaning, laundry of linen, management services and minor maintenance (with your prior consent) of the Property.

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4.4 We do not warrant or represent that:

 

(a) you will receive any particular income or occupancy for the Property from this Agreement or from our listing of the Property on the Platform.

 

You acknowledge that changes in law and regulation may affect our ability to provide the Services, or achieve a particular rate of earnings for the Property and we have no liability to you in this regard;

 

(b) bookings on the Platform will result in actual occupancy or Revenue (for instance, due to cancellations);

 

(c) you will receive a favorable outcome from any claims made with the Platform, or insurance claim or assurance arrangements given by the respective Platform;

 

 

(d) the Property will receive positive reviews on the Platform. We will have no obligation to refund any Fees to you based on feedback given on the Platform by guests (to the extent permitted by law).

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5. Your obligations and responsibilities

 

 

5.1 You: (a) are solely responsible for supplying and maintaining your Property in connection with the Services;

 

 

(b) are solely responsible for the risk in the Property and its contents;

 

(c) are solely responsible for any use of the Property by you or any third party, whether authorised or not (where such third party has not been arranged by us);

 

 

(d) warrant that you are a legal owner or tenant of a Property and have full authority to enter into this Agreement and use us for the Services in accordance with the terms of this Agreement, and that the details in the Order Form are correct. You will inform us if any of the details in the Order Form change. We have no liability to you for issues arising out of those details being incorrect.

 

(e) warrant that you have full unfettered rights to enter into this Agreement and make available the Property for the purposes of using the Services and that you comply with all applicable laws and regulations and any strata or community bylaws (if applicable) applying to the Property;

 

(f) agree to comply with any reasonable direction issued by us from time to time which has been made in order for us to properly provide the Services. Any such direction will be given by us to you in writing.

 

 

(g) warrant that you hold all appropriate insurances to cover against risk of Property and contents loss and damage,. On request, you will provide us with copies of the certificates of currency confirming insurance coverage.

 

 

(h) must ensure that the Property is connected to all utilities and Property related services e.g. wifi and all obligations in relation to the ownership of the Property are met (for example the payment of all rates and owner’s corporation levies);

 

(i) agree that we may at our discretion charge a guest extra cleaning fee and such guest cleaning fee will be charged directly to guests via the Platform. For clarity, if we charge any guests an extra cleaning fee, this fee will not be included in the total amount used to calculate our Management Fee. ;

 

(j) agree that with your consent, we may perform a deep clean on the Property (at your reasonable cost). This request will be given in writing and will be subject to your prior approval.

 

 

(k) we will take reasonable and prompt efforts to evict a guest from the Property where it is necessary to do so and we will with your consent assist you to arrange for any law enforcement authority if required. However, you are solely responsible for the eviction of guests from the Property (where appropriate) and for any expenses, losses, or damages associated with a guest’s stay beyond the contracted period or any other eviction process.

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(l) authorise us to have full power and discretion in listing the Property with a Platform and dealing with a Platform on your behalf in relation to the Property including all financial dealings and pricing of the Property. Notwithstanding the foregoing, we will take account of all reasonable requests and instruction from you with regards to the listing of your Property on a Platform.This includes incurring the Maintenance Fee where we reasonably believe it is necessary to do so, and without your prior approval provided the Maintenance Fee is equal to or less than AUD$200 . Where the Maintenance Fee exceeds this amount, we will seek your approval prior to incurring this. ;

 

 

(m) agree that in an emergency we may incur costs without your prior approval where we acting reasonably deem it necessary to do so. You will reimburse us for these costs;

 

 

(n) authorise us to make all decisions relating to the marketing and pricing of the Property on the Platform and all communications with guests and potential guests.

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5.2 You agree that you will share your photographs of the Property with us and provide us with an non-exclusive, non sublicensable, non-transferrable, revocable and limited license for the Term to use your photos for the purpose of providing the Services and in order for us to comply with our obligations under this Agreement and we may use your photographs to create marketing materials for your Property. For the avoidance of doubt, all Intellectual Property Rights in the photos belong to you.

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6. Payment and GST

 

6.1 In consideration of us providing the Services to you, you will pay to us the Fees in the manner and amounts set out in Schedule 1.

 

6.2 You acknowledge and agree that the Revenue management fee and cleaning fee will be paid to us from the Platform, and the remaining will be paid to you deducted our Fees in accordance with Schedule 1, but no earlier than when we receive those funds from the Platform. We agree that breach of this term will be considered a material beach and will allow you to terminate the Agreement immediately.

 

6.3 Words defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause 6.

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6.4 If a party makes a supply to another party under or in connection with this Agreement, then (unless the consideration is expressly stated to be inclusive of GST) the consideration for that supply is exclusive of GST, and in addition to paying or providing that consideration the recipient must:

 

(a) pay to the supplier an amount equal to any GST for which the supplier is liable on that supply, without deduction or set-off of any other amount; and

 

(b) make that payment as and when the consideration or part of it must be paid or provided, except that the recipient need not pay unless the supplier has issued to the recipient a tax invoice (or an adjustment note) for that supply.

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7. Termination 7.1 You may terminate the Agreement in your absolute discretion by giving 7 days’ written notice to us, the agreement will terminate at the end of the month cycle.

 

7.2 Either party may terminate the Agreement immediately by notice if the other party: breaches a term of the Agreement which is not capable of remedy or,

 

(b) where the breach is capable of remedy, but the other party fails to remedy the breach within 3 Business Days of written notice of the breach;

 

7.3 The Homeowner can terminate the Agreement immediately if we suffer an Insolvency Event. “Insolvency Event” means an event of insolvency, including bankruptcy; the appointment of an insolvency administrator, manager, receiver or liquidator; any action related to winding up or making a material arrangement in relation to creditors; applying for any type of protection against creditors; being unable to pay any debts as they fall due; or taking or suffering any similar or analogous action in any jurisdiction as a consequence of debt.

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7.4 On termination and expiry of the Agreement: the license granted by you pursuant to clause 5.2 is automatically and immediately revoked;

 

(b) we will immediately cease providing the Services and you will immediately cease using the Services;

 

(c) unless you agree otherwise we will delete or destroy all Confidential Information, and certify to you in writing that we have done so if you request it;

 

7.5 Termination or expiry of the Agreement will not affect any rights accrued by either party prior to such termination or expiry. For the avoidance of doubt, if you terminate the Agreement pursuant to clause 7, we will immediately pay you any Revenue that is owing to you.

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8. Confidentiality

 

8.1 Each party must keep all Confidential Information confidential at all times and may only use the other party’s Confidential Information in accordance with this Agreement.

 

8.2 Nothing in clause

 

8.1 prevents a party from disclosing Confidential Information: to its personnel or partners on a ‘need to know’ basis, provided that that person is under a duty to keep the Confidential Information confidential; if disclosure is reasonably required to enable a party to perform its obligations or enforce its rights under the Agreement; or if disclosure is required by law, or any regulatory body or authority (but only to the extent required). www.cleaningterminatorspecialists.com

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10. Indemnity and Liability

 

10.1 Except to the extent caused or contributed to by a breach of this Agreement by you, or your wilful or negligent act or omission, we will indemnify you against any claims in relation to: i) our breach of the terms of this Agreement (including a breach arising from the act, omission or negligence by us); and/or ii) a breach of your Intellectual Property Rights,

 

10.2 Neither party will be liable for any indirect, special or consequential loss or damage or for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation.

 

 

11. Entire Agreement This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements and understandings whether oral, written or otherwise.

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