Terms of Business 1. DEFINITIONS For the purpose of this Agreement: 1.1 The Term "Time For You" means the franchisee of Time For You Domestic Cleaning Pty Ltd whose details are stated overleaf; 1.2 The term "Householder" means the Householder or Householders whose details appear overleaf, and the singular term shall be deemed to include the plural where applicable; 1.3 The term "Time For You Domestic Cleaning Pty Ltd" means Time For You Domestic Cleaning Pty Ltd (ABN: 24 603 911 520), the franchisor which grants all franchises for Time For You Domestic Cleaning Pty Ltd businesses; 1.4 The term "Retainer" shall mean the payments stated overleaf to be made by the Householder to Time For You; 1.5 The term "Website" means the website at www.timeforyou.cleaning used under licence by Time For You Domestic Cleaning Pty Ltd; and 1.6 The term "Cleaner" means a cleaner from the database of cleaners maintained by Time For You. 2. AMENDMENTS 2.1 Time For You reserves the right to amend the terms and conditions of this Agreement, and shall inform the Householder of such changes by posting them to the Website, and/or sending or otherwise providing them to the Householder, not less than thirty (30) days before implementation of such changes. 3. INTRODUCTION 3.1 Time For You shall introduce a Cleaner to the Householder subject to the terms and conditions of this Agreement, to provide the hours of work specified overleaf as may be varied from time to time by prior agreement between the Householder and the Cleaner subject to the Householder's compliance with the minimum Retainer specified by Time For You from time to time. Note that changes to the number of hours shall affect payment to Time For You. 3.2 The Householder shall pay Time For You the Retainer for the introduction of the Cleaner and ongoing support for the duration of the Agreement. 3.3 This Agreement will be for a minimum initial period of thirteen (13) weeks as from the date of signature and shall continue thereafter on a month-to-month basis. 4. PAYMENT OF TIME FOR YOU RETAINER 4.1 The Householder shall sign, and return to Time For You, the Direct Debit authorising payment of the Retainer, as specified overleaf, to be made from the Householder's bank to Time For You quarterly in advance. Such payments shall continue until the Agreement is terminated in accordance with Clause 8. 4.2 The payment of the Retainer for the initial period is payable on signature of the Agreement. However, Time For You shall not forward the Direct Debit for future payments to the Householder's bank until after a Cleaner has been retained by the Householder. 4.3 Any change to the hours as stated overleaf should be reported in advance to Time For You by the Householder and shall be subject to the appropriate adjustment to the amount of the Retainer. 4.4 If a Cleaner is retained by the Householder for more hours than originally agreed, without the Householder paying an additional fee to Time For You, Time For You reserves the right to claim the additional fee due, plus interest, for any period that the additional fee became payable but remained unpaid. 4.5 Where the payment by the Householder of the Retainer or any other sum payable under this Agreement is not received by Time For You by the due date, Time For You reserves the right to charge the Householder interest at the prevailing rate of 2% for each day that the total amount outstanding or any part of it remains unpaid. 4.6 The failure to pay any Retainer payment for more than one month shall constitute a serious breach for the purposes of Clause 8.3 and Time For You shall accordingly be able to terminate this Agreement without prejudice to its right to charge interest on the overdue amount and/or to recover the outstanding amounts and its reasonable costs incurred in so doing. 5. HOUSEHOLDER OBLIGATIONS 5.1 The Cleaner is introduced to the Householder as a self-employed cleaner and the Householder shall retain the Cleaner under a "Contract for Services", which for the avoidance of doubt shall be a separate contractual arrangement between the Householder and the Cleaner only. The Householder shall agree directly with the Cleaner the terms of that contract. 5.2 The Householder shall agree with the Cleaner directly what services are to be performed by the Cleaner, and such services shall form the basis of the Cleaner's obligations under the Contract for Services to be entered into. The Householder may change the scope and manner of the services contracted for under the terms of the Contract for Services at any time by reaching mutual agreement with the Cleaner. 5.3 The Householder shall pay any Cleaner retained by the Householder at the rate agreed in the Contract for Services and such fees shall be paid directly to the Cleaner in accordance with that agreement. 5.4 The Householder shall provide a safe working environment for the Cleaner at all times. 6. OBLIGATIONS OF TIME FOR YOU 6.1 Time For You shall introduce a Cleaner to the Householder in accordance with Clause 3.1. 6.2 Where the Householder is unhappy with the Cleaner introduced by Time For You and/or notifies Time For You that, for whatever reason, the Cleaner's services are to cease permanently, Time For You shall: 6.2.1 endeavour to introduce a replacement Cleaner to the Householder; and 6.2.2 issue the Householder with a refund or credit for any period that the Householder is without a Cleaner following the Householder's notification of the same, save to the extent that by agreement with the Householder the replacement Cleaner provides additional services to compensate the Householder for services not received by the Householder during the period when there was no Cleaner retained. In such circumstances, the Agreement shall continue unaffected and all of the terms shall continue to apply. 6.3 the event that a suitable replacement Cleaner cannot be found and introduced to the Householder, then termination under Clauses 8.1 and/or 8.2 may apply. 6.4 In performing its obligations under this Agreement Time For You shall use its reasonable care and skill. 7. LIABILITY 7.1 Subject to Clause 9.2 below, Time For You shall not be liable for: 7.1.1 any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover, as described in Clause 7; 7.1.2 any losses incurred by the Householder as a result of any failure of a retained Cleaner to comply with his or her contractual obligations under the Contract for Services for whatever reason; 7.1.3 failure of any retained Cleaner to return keys and any loss that may arise as a result; 7.1.4 collusion or theft of property or possessions by a retained Cleaner. 7.2 Time For You shall be liable to the Householder: 7.2.1 where Time For You has not fulfilled its obligations to perform with reasonable care and skill under this Agreement or has failed to perform its obligations at all or to any significant extent; 7.2.2 for death or personal injury caused by its negligence. 7.3 Nothing in this Agreement shall affect the statutory rights of the Householder as a consumer. 8. TERMINATION 8.1 Time For You may terminate the Agreement at any time by giving not less than one calendar month's notice in writing to the Householder. In such circumstances, the balance (if any) of the Retainer for the period after expiry of the notice shall be refunded to the Householder. Clauses 8.5 – 8.6 shall continue to apply. 8.2 The Householder may terminate the Agreement to take effect at any time after the initial 13 week period by giving not less than one calendar month's notice in writing to Time For You. In such circumstances, the balance (if any) of the Retainer for the period after expiry of the notice shall be refunded to the Householder unless expiry of the notice falls within the initial period in which case the Agreement shall terminate immediately after the initial period and without refund. If for whatever reason the initial payment has not been made to Time For You at the time the Householder serves notice of termination, the Householder shall remain liable to make such payment to Time For You. Clauses 8.5 – 8.6 shall continue to apply. 8.3 Notwithstanding Clause 8.1, where the Householder has committed a serious breach of the terms of the Agreement, Time For You is entitled to terminate the Agreement immediately on written notice to the Householder, and, where applicable, Time For You shall take further action in connection with the said serious breach. Clauses 8.5 – 8.6 shall continue to apply. 8.4 Notwithstanding Clause 8.2, where Time For You has committed a serious breach of the terms of the Agreement, the Householder is entitled to terminate the Agreement immediately on written notice to Time For You. In such circumstances, the balance of the Retainer for the remainder of the then current quarter shall be refunded to the Householder. In these circumstances, the remainder of this Clause 8 shall not apply to the Householder. 8.5 For a period of twelve months following termination of the Agreement for any reason, the Householder shall not engage, directly or indirectly, as an employee, contractor, agent or otherwise any Cleaner who has been introduced by Time For You to the Householder. If the Householder does so engage a Cleaner in contravention of this Clause, then Time For You shall institute proceedings against the Householder to recover damages and costs. 8.6 Where the Householder cancels the Direct Debit without giving one calendar month's notice to Time For You in writing, Time For You reserves the right to charge the Householder for any reasonable expenses incurred in respect of that cancellation in addition to any outstanding fee that remains due and payable plus interest. 9. GENERAL 9.1 Unless expressly stated otherwise, all representations, rights and obligations entered into by persons named as the Householder overleaf, if more than one, are given or entered into jointly and severally by each of those persons. Accordingly Time For You may take action against any one or more of such persons and may release or compromise the liability of any one or more of such persons without affecting the liability of the other(s). 9.2 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question shall be deleted. 9.3 The Householder agrees to Time For You passing its non-financial personal data to Time For You Domestic Cleaning Pty Ltd who may use it for administrative purposes only or for the purposes of Time For You Domestic Cleaning Pty Ltd enforcing the terms of the franchise agreement with its franchisee. Such data shall not be used by Time For You Domestic Cleaning Pty Ltd for marketing purposes nor shall it be passed to any third party unless required to do so by law or in accordance with the terms of the franchise agreement between Time For You Domestic Cleaning Pty Ltd and its franchisee. 9.4 Any notice under this Agreement shall be in writing and (with the exception of the Notice of the Right to Cancel) shall be effective on actual or deemed receipt. Notice shall be given by personal service or by first class prepaid mail or by e-mail and shall be addressed to Time For You or to the Householder, as appropriate, at one of the addresses stated overleaf. Either party may, by written notice to the other, change the address to which notices to it may be sent. Deemed receipt shall occur in the case of personal service or e-mail on delivery and in the case of first class prepaid mail on the second working day after posting. 9.5 Time For You will upon written request from a Householder endeavour to provide cleaners who have been police checked subject to availability of such police checked cleaners in an area reasonably close to the Householder. 9.6 Time For You reserves the right to cancel, amend, withdraw or change any promotion, special offer or other marketing offer howsoever made without any prior notice or approval to or from the Householder.