Terms & Conditions Aqua Cleans

Terms & Conditions

1. Introduction

Welcome to Aqua Clean Services! These terms and conditions govern the provision of cleaning services by Aqua Clean and outline the rights and obligations of both Aqua Clean and our valued customers. By engaging Aqua Clean for our services and booking a cleaning appointment, you agree to abide by these terms and conditions.

These terms and conditions apply to all cleaning services provided by Aqua Clean, whether booked online, over the phone, or through any other communication channel. Please read these terms and conditions carefully before booking our services. Upon booking, you acknowledge and agree to be bound by the terms outlined herein.

If you have any questions about these terms and conditions, or if you require clarification on any aspect of our services, please don't hesitate to contact our customer support team for assistance.

We value your business and strive to provide exceptional cleaning services tailored to your needs. Thank you for choosing Aqua Clean Services!

2.Definitions

In these Terms and Conditions, the following terms shall have the meanings ascribed to them below:

"Aqua Clean": Refers to Aqua Clean Services, a cleaning service provider.
"Customer": Refers to any individual, company, or entity that engages Aqua Clean for the provision of cleaning services.
"Services": Refers to the cleaning services provided by Aqua Clean, as described in the service agreement or contract between Aqua Clean and the Customer.
"Service Agreement": Refers to the formal agreement or contract between Aqua Clean and the Customer outlining the terms, scope, and conditions of the cleaning services to be provided.
"Parties": Refers collectively to Aqua Clean and the Customer.
"Cleaning Personnel": Refers to individuals employed or contracted by Aqua Clean to perform cleaning services.
"Premises": Refers to the location or property where the cleaning services are to be provided, as specified in the Service Agreement.
"Equipment": Refers to any tools, machinery, cleaning supplies, or materials used by Aqua Clean in the provision of the Services.
"Price": Refers to the amount charged by Aqua Clean to the Customer for the provision of the Services, as outlined in the Service Agreement.
“Booking": Refers to the process by which the Customer requests and confirms a specific date and time for the provision of the Services by Aqua Clean.
"Quotation": Refers to the estimated cost provided by Aqua Clean to the Customer for the requested Services, including details of the scope of work and pricing.
"Invoice": Refers to the formal document issued by Aqua Clean to the Customer detailing the Services provided, the cost of the Services, and the payment terms.
"Payment": Refers to the transfer of funds from the Customer to Aqua Clean in exchange for the provision of the Services, as outlined in the Service Agreement and Invoice.
"Late Fees": Refers to additional charges imposed by Aqua Clean in the event that the Customer fails to make payment by the due date specified in the Invoice.
"Online Payment": Refers to the option for Customers to make payment for the Services electronically through Aqua Cleans website or other online platforms.
"EFTPOS": Refers to the electronic funds transfer at point of sale, allowing Customers to make payment for the Services using a debit or credit card terminal.
"Cash Payment": Refers to payment made in physical currency, such as banknotes or coins, at the time-of-service delivery or as otherwise agreed upon by Aqua Clean and the Customer.
"Paperwork": Refers to any documents, forms, or contracts exchanged between Aqua Clean and the Customer in relation to the provision of the Services, including but not limited to Service Agreements, waivers, and receipts.
"Damage": Refers to any harm, loss, or destruction caused to the Premises or property of the Customer as a result of the provision of the Services by Aqua Clean.
"Confidential Information": Refers to any information disclosed by either Party to the other in connection with the provision of the Services, including but not limited to trade secrets, business plans, customer lists, and proprietary information.
"Force Majeure Event": Refers to any event or circumstance beyond the reasonable control of either Party, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, and unforeseen technical issues.
"Effective Date": Refers to the date on which these Terms and Conditions become legally binding upon the Parties.
"Scheduled Service Date": Refers to the date and time agreed upon by Aqua Clean and the Customer for the provision of the Services.
"Additional Services": Refers to any extra cleaning services requested by the Customer beyond the scope of the original Service Agreement, which may incur additional charges.
"Client Property": Refers to any personal belongings, fixtures, or furnishings located within the Premises.
"Client Area": Refers to the specific areas within the Premises designated by the Customer for cleaning.
"Cleaning Schedule": Refers to the agreed-upon frequency and timing of the cleaning services to be provided by Aqua Clean.
"Quality Assurance": Refers to the measures and standards implemented by Aqua Clean to ensure the quality and consistency of the Services.
"Complaint": Refers to any dissatisfaction or grievance raised by the Customer regarding the quality or execution of the Services.
"Termination": Refers to the ending or cancellation of the Service Agreement by either Party, as outlined in the termination clause of these Terms and Conditions.
"Emergency Services": Refers to any urgent or immediate cleaning services required by the Customer due to unforeseen circumstances such as spills, accidents, or sudden events.
"Scope of Work": Refers to the specific tasks and responsibilities outlined in the Service Agreement that Aqua Clean will perform during each cleaning service.
"Non-Solicitation": Refers to the agreement by the Customer not to solicit or hire any employees or contractors of Aqua Clean for a specified period following the termination of the Service Agreement.
"Insurance Coverage": Refers to any insurance policies held by Aqua Clean to cover liabilities, damages, or injuries arising from the provision of the Services.
"Indemnification": Refers to the agreement by the Customer to compensate or reimburse Aqua Clean for any losses, damages, or expenses incurred as a result of the Customer's actions or negligence.
"Governing Law": Refers to the laws and regulations of the jurisdiction governing the interpretation and enforcement of these Terms and Conditions.

3.Booking Terms

1.3) Service Request: Customers may request cleaning services by contacting Aqua Clean through our website, phone, email, or in-person consultation.

2.3) Scheduling Appointment: Aqua Clean will work with the customer to schedule a convenient appointment date and time for the cleaning service, subject to availability.

3.3) Confirmation: Upon scheduling the appointment, Aqua Clean will provide a confirmation to the customer via email or other agreed-upon communication method, detailing the date, time, and scope of the cleaning service.

4.3) Deposit Requirement: Not all bookings require a deposit. Only bookings with a total quoted price exceeding $600 will be subject to a deposit requirement. Deposits are required to be made at least 48 hours before the scheduled service. The standard deposit amount is 15% of the total quoted price. However, for bookings exceeding $1,000, a deposit amount and payment instructions will be communicated to the customer at the time of booking. Aqua Clean reserves the right to negotiate deposit amounts and deadlines with customers on a case-by-case basis.

5.3) Information Provision: During the booking process, customers must provide as much information as possible to Aqua Clean to facilitate accurate scheduling and efficient service delivery. Customers are encouraged to disclose any relevant details or special requirements to the best of their knowledge.

6.3) Special Requests: Aqua Clean encourages customers to communicate any special requests or preferences they may have during the booking process. We will make reasonable efforts to accommodate such requests if possible.

7.3) Reminder Notification: Aqua Clean will send customers an electronic notification one day before the scheduled appointment as a reminder. This notification will serve to confirm the appointment date and time and provide any necessary instructions or preparations required from the customer's end.

4. Quotation and pricing

1.4) Requesting Quotations: Customers can request quotations from Aqua Clean by contacting us through our website, phone, email, or in-person consultation. To ensure an accurate quotation, customers are encouraged to provide details about the premises, including size, layout, and any specific cleaning requirements or preferences.

2.4) Quotations: Aqua Clean is committed to transparency and accuracy in providing quotations for its cleaning services. Our quotations comprehensively outline all aspects of the service, including the service amount, applicable taxes, and any additional fees or charges. These quotations remain valid for a specified period, typically 15 days, allowing customers sufficient time to consider their options. Notably, Aqua Clean offers quotations to customers free of charge, underscoring our dedication to transparency and customer satisfaction. Customers can anticipate receiving detailed quotations that precisely delineate the scope of services to be rendered, ensuring clarity and equity in pricing.

3.4) Pricing Policy: Aqua Clean aims to provide transparency regarding our pricing. Our website displays base prices to give customers an estimate of our service costs. However, please note that these prices serve as a general guide and may vary depending on specific factors such as the size of the premises and unique cleaning requirements. When you request a quotation, we'll provide you with an accurate price based on your individual needs and the scope of the cleaning project.

4.4) Factors Affecting Pricing: Pricing variations may occur due to factors such as the condition of the premises, the frequency of service required, the accessibility of the location, and any specialized cleaning treatments or equipment needed. Aqua Clean reserves the right to adjust pricing based on these factors and will communicate any changes to the customer before proceeding with the service.

5.4) Additional Charges: In some cases, additional charges may apply for services that fall outside the scope of the original quotation, such as deep cleaning treatments, stain removal, or specialized cleaning tasks. These additional charges will be discussed with the customer and agreed upon before commencement of the service.

6.4) Price Adjustments: Aqua Clean reserves the right to adjust prices at any time, with prior notice to the customer. Price adjustments may be necessary to reflect changes in operating costs, market conditions, or other relevant factors affecting the provision of cleaning services.

5. Payment Terms

1.5) Accepted Payment Methods: Aqua Clean accepts various payment methods for the convenience of its customers, including credit/debit cards, bank transfers, electronic funds transfers Point of Sale (EFTPOS), and cash payments. Please note that a surcharge of 2.5% will be applied to payments made via credit card to cover processing fees.

2.5) Deposit Requirements: As mentioned on [4.3] for Advance Deposit, Advance deposit payments made by the customer will be deducted from the total amount due on the final invoice upon completion of the cleaning service.

1.2.5) Advance deposits : Advance deposits may be refunded to the customer in specific circumstances and through the original payment method. However, advance deposits cannot be refunded within 48 hours of the scheduled service date for any reason. A return 2% charge may apply for processing refunds of advance deposits, deducted from the refunded amount.

2.2.5) Refund Terms: Refunds for cancelled services will typically be processed within 7 business days. However, the actual time for the refunded amount to reflect in your account may vary due to bank processing times and payment intermediaries. Aqua Cleans is not responsible for delays caused by these factors. Once the refund has been processed, Aqua Cleans will provide the receipt for your records. Customers can contact us for any refund-related inquiries or assistance during the business hours only.

3.5) Invoicing Procedures: Following the completion of the cleaning service, Aqua Clean will issue an invoice to the customer detailing the services provided, the total amount due, and the payment terms. Invoices may be sent electronically via email or provided in printed form, as per the customer's preference.

4.5) Payment Due Date: Payment for cleaning services is due upon completion of the service, unless otherwise agreed upon in writing. Customers are expected to make payment promptly upon receipt of the invoice.

5.5) Late Payment Penalties: Aqua Clean reserves the right to impose late payment penalties on overdue invoices. Late payment penalties may include interest charges or additional fees, as specified in the terms and conditions.

6.5) Disputed Invoices: In the event of a disputed invoice, customers are encouraged to contact Aqua Cleans promptly to resolve the issue. Failure to address a disputed invoice may result in further action being taken by Aqua Clean to recover the outstanding amount, including but not limited to legal action.

7.5) Currency: All prices and payments are in New Zealand Dollars (NZD). Customers are responsible for any currency conversion fees or charges incurred.

8.5) Receipt of Payment: Upon receipt of payment, Aqua Clean will issue a receipt to the customer as proof of payment. The receipt will include details such as the payment amount, date, and method of payment.

6. Service Delivery & Responsibilities

1.6) Responsibilities of Aqua Clean: Aqua Clean is committed to delivering high-quality cleaning services to its customers. Our trained and professional cleaning personnel will arrive at the scheduled appointment time equipped with the necessary tools and supplies to perform the agreed-upon cleaning tasks.

2.6) Cleaning Process: Upon arrival, Aqua Cleans cleaning personnel will assess the premises to be cleaned and discuss any specific requirements or preferences with the customer. The cleaning process will then proceed according to the agreed-upon scope of work outlined in the service agreement or as requested by the customer.

3.6) Quality Assurance: Aqua Clean implements stringent quality assurance measures to ensure the effectiveness and consistency of its cleaning services. Our cleaning personnel are trained to adhere to industry best practices and standards, and regular inspections are conducted to maintain service quality.

4.6) Customer Communication: Throughout the service delivery process, Aqua Clean values open communication with its customers. Any concerns or special requests raised by the customer will be addressed promptly and professionally by our team.

5.6) Completion of Service: Once the cleaning service is completed to the satisfaction of the customer, Aqua Cleans cleaning personnel will ensure that the premises are left clean and tidy. The customer will have the opportunity to inspect the work performed and provide feedback if necessary.

6.6) Follow-Up: Aqua Clean values ongoing relationships with its customers and may follow up after the service to ensure satisfaction and address any further needs or inquiries.

7.6) Essential Access: Customers are responsible for ensuring access to essential utilities such as water, power, and drainage lines to facilitate the cleaning task. These utilities are essential for the completion of the service, and any hindrance to access may impact the service delivery. In some cases, Aqua Clean may request additional support from the customer if unexpected challenges arise during the service. customers must provide adequate parking space for Aqua Cleans vehicles near the premises where the cleaning service will be performed. If parking arrangements incur any fees or charges, customers will be responsible for covering these expenses.

8.6) Responsibilities of the Customer: Customers are responsible for providing accurate information about the premises to be cleaned and any specific requirements or preferences they may have. Additionally, customers are responsible for providing a safe environment for Aqua Cleans cleaning personnel to perform the service. Aqua Clean does not tolerate abusive language or behaviour towards its staff. If preferred, customers may request space during the service to allow Aqua Cleans team to work efficiently. This request can be communicated as, "Please give us space to perform the service" to ensure a smooth and uninterrupted cleaning process.

9.6) Furniture Movement Responsibility: For specific services where thorough cleaning is required, Aqua Clean advises customers to move their furniture beforehand to ensure maximum coverage. While Aqua Cleans personnel will assist with moving light furniture items as needed, customers should ensure that larger or heavier items are relocated prior to the scheduled service. Aqua Cleans personnel will always be present to provide additional assistance if required during the cleaning process.

1.9.6) Additional charges may apply if customers request Aqua Clean to move full furniture sets or heavy items. Costs associated with such services will be communicated to customers beforehand to ensure transparency and mutual agreement.

2.9.6) Aqua Clean is not liable for any damages that may occur during the movement of furniture. While Aqua Cleans personnel will exercise care and caution when assisting with furniture moving, customers acknowledge and accept the inherent risks involved in relocating items within the premises. Customers are encouraged to take necessary precautions and secure valuable or fragile items prior to the scheduled service to minimize the risk of damage.

10.6) Emergency Contact Information (When Customer Is Not Present): In instances where the customer is not present at the property during the cleaning service, Aqua Clean may request emergency contact information. This information should include the customer's contact number, as well as the contact details of a trusted individual who can be reached in case of unforeseen incidents or emergencies. This precaution ensures that Aqua Clean can promptly address any issues that may arise during the service in the customer's absence.

7. Health and Safety

Aqua Clean prioritizes the health and safety of both its personnel and customers during the provision of cleaning services. To ensure a safe working environment, Aqua Clean adheres to strict health and safety protocols and regulations. This includes the use of appropriate personal protective equipment (PPE) by Aqua Cleans personnel and adherence to safe work practices.

Customers are requested to cooperate with Aqua Cleans personnel and follow any safety instructions provided during the service. customers should inform Aqua Clean of any health or safety concerns related to the premises to ensure appropriate precautions are taken during the cleaning process.

1.7) Noise Considerations: During the cleaning process, certain machinery and equipment may generate noise. Aqua Clean advises customers to be mindful of potential noise disturbances, particularly for individuals who may be sensitive to loud sounds. Customers are encouraged to make arrangements, especially for elderly individuals, individuals with special needs, or anyone who may require a quieter environment during the service.

2.7) Babies and Children: For the safety of babies and children during the cleaning service, customers are advised to keep them away from areas where cleaning is taking place. Customers should provide supervision or make alternative arrangements to ensure their safety. Inform Aqua Clean of any specific concerns or instructions regarding the presence of babies or children.

3.7) Pets and Animals: Customers are advised to take precautions regarding their pets and animals in advance of the cleaning service. It is recommended to keep pets in a secure area away from the cleaning site to prevent disturbances or accidents. Customers should communicate any specific instructions or concerns regarding their pets to Aqua Clean for a smooth cleaning experience.

4.7) Allergies: Customers with known allergies or sensitivities are encouraged to inform Aqua Clean in advance to ensure appropriate precautions are taken during the cleaning service. This includes providing information about specific allergens or sensitivities, as well as any necessary accommodations or special instructions. Aqua Clean will make every effort to use cleaning products and methods that minimize the risk of allergic reactions and create a safe and comfortable environment for all customers.

5.7) Chemical Safety: Aqua Clean ensures the safety of its cleaning products by purchasing them from registered businesses that adhere to strict regulations aimed at minimizing human health risks. We believe that the chemicals used by Aqua Clean serve general purposes and do not pose significant risks to human health under normal conditions. However, customers are encouraged to inform Aqua Clean of any specific concerns or sensitivities related to cleaning products to ensure appropriate precautions are taken during the service.

6.7) Electrical Safety: Customers are responsible for ensuring the safety of electrical outlets and cords in the cleaning area. Please inform Aqua Clean of any electrical-related safety concerns or considerations specific to the premises, as electricity will be utilized during the cleaning service.

7.7) Slip and Fall Prevention: Customers are advised to exercise caution while Aqua Clean performs cleaning tasks. It is recommended to take extra precautions to avoid slip and fall accidents during the service. Customers should refrain from approaching areas where cleaning is in progress to minimize the risk of accidents."

8. Complaints Handling:

1.8) Reporting: Customers can report any complaints or concerns regarding Aqua Cleans services through our designated communication channels, including phone, email, or our online portal. We encourage open communication and welcome feedback to ensure the highest level of customer satisfaction.

2.8) Acknowledgment: Upon receiving a complaint, Aqua Clean acknowledges it promptly and provides an estimated timeline for resolution. Aqua Clean understands the importance of addressing customer concerns promptly and strives to provide a swift response to all complaints.

3.8) Investigation: Aqua Cleans dedicated customer service team investigates the complaint thoroughly, gathering relevant information and conducting any necessary follow-up. Aqua Clean aims to understand the root cause of the issue and take appropriate action to resolve it effectively.

4.8) Resolution: Aqua Clean strives to resolve complaints in a timely and satisfactory manner, taking appropriate corrective action as needed to address the issue. As every aspect of Aqua Cleans company is handled by the owner, complaints are directly addressed by the owner to ensure personalized attention and resolution.

5.8) Communication: Throughout the complaints handling process, Aqua Clean maintains open and transparent communication with the customer, providing regular updates on the status of their complaint and any actions taken. Aqua Clean believes in keeping customers informed and involved in the resolution process.

6.8) Feedback and Follow-Up: After the complaint has been resolved, Aqua Clean seeks feedback from the customer to ensure their satisfaction and implements any necessary measures to prevent similar issues from occurring in the future. Customer feedback is essential for Aqua Clean to continually improve its services and enhance the overall customer experience.

7.8) At Aqua Clean, every complaint is handled directly by the owner, who is dedicated to ensuring that all customer concerns are addressed promptly and effectively. Aqua Clean views complaints as opportunities to improve its services and strengthen its relationship with its customers, and its goal is to exceed customer expectations in every interaction.

9. Insurance and Liability:

1.9) The Customer agrees to hold a current policy of insurance over any dwelling, commercial building, all contents, and all plant, and machinery where the work is to be performed.

2.9) Insurance Coverage: Aqua Clean maintains comprehensive insurance coverage to protect both our company and our customers in the event of unforeseen incidents within the cleaning area. Our insurance policies include general liability insurance, which covers property damage that may occur during the provision of our cleaning services.

3.9) Liability for Damages or Losses: While Aqua Clean takes every precaution to ensure the safety of our customers' property within the cleaning area during the provision of our services, we understand that accidents can happen. If damages or losses occur as a direct result of our actions within the cleaning area, Aqua Clean will take responsibility for rectifying the situation. However, it's essential to clarify that Aqua Cleans liability is strictly limited to damages or losses directly caused by our negligence or misconduct within the cleaning area as outlined in the service agreement. We shall not be held liable for damages resulting from external factors that are beyond the scope of the service agreement.

4.9) Accidents, Breakage, Damage & Theft:

1.4.9) The Customer agrees to notify Aqua Clean in writing subject to all clause in [5.9], of any accidents, breakage, damage to any item, and alleged theft either before or no later than the next following business day after the completion of the Work.

2.4.9) Aqua Clean will not accept a claim for any loss if notice is not given, subject to all clause in [5.9].

3.4.9) The Customer agrees to remove from the Property or store securely, before the commencement of the Work, all cash, jewellery, art, antiques, rugs, and all items of sentimental value.

4.4.9) The Customer will notify their insurance underwriter within 24 hours of any accident, breakage, damage to any item, and alleged theft, and provide Aqua Clean with the name and contact details of the underwriter.

5.9) Notices:

1.5.9) All notices required or permitted under these Terms of Trade shall be in writing and shall be delivered personally or sent by email.

2.5.9) Any such notice shall be deemed given when so delivered personally or if sent by email on the next following business day.

3.5.9) If the Customer sends any notice by email, a copy of the “delivery and/or Read” receipt will be provided to us when requested.

6.9) Liability Limitation: We shall have no further liability or responsibility for any losses of profits, revenue, business opportunity, anticipated savings, wasted overheads, and damage to goodwill, direct, indirect, or consequential injury, loss, or any damage whatsoever and howsoever arising.

7.9) This addition specifies the limitations of liability for Aqua Clean, ensuring that the company is not held responsible for certain types of losses or damages that may occur during the provision of services.

10. Booking Cancellation Policy:

1.10) Customers may cancel scheduled cleaning services by providing written notice to Aqua Clean. The following cancellation policy applies:

2.10) Customers must provide a minimum notice period of 48 hours or 2 days prior to the scheduled service date.

3.10) If cancellation occurs within the specified notice period, no cancellation fees will be applied.

4.10) If cancellation occurs without sufficient notice, customers may be subject to cancellation fees of 20% of the original service cost.

5.10) Cancellation requests must be submitted in writing to Aqua Clean via email or other designated communication channels.

11. Intellectual Property and Confidentiality

1.11) Intellectual Property Rights:

1.1.11) Any intellectual property rights associated with Aqua Cleans cleaning processes, techniques, or proprietary technology remain the exclusive property of Aqua Clean.

2.1.11) Customers acknowledge and agree not to reproduce, distribute, or disclose any proprietary information belonging to Aqua Clean without prior written consent.

2.11) Confidentiality Obligations:

1.2.11) Aqua Clean and its customers agree to maintain strict confidentiality regarding any proprietary information exchanged between both parties.

2.2.11) This includes but is not limited to customer lists, business strategies, pricing information, and any other sensitive data shared during the course of business.

3.2.11) Both Aqua Clean and its customers agree not to disclose or use any confidential information for purposes other than fulfilling the obligations under the service agreement.

3.11) Non-Disclosure Agreement:

1.3.11) Aqua Clean may require customers to sign a separate non-disclosure agreement (NDA) to further protect confidential information exchanged during the provision of services.

2.3.11) The terms of the NDA shall supplement and not replace the confidentiality obligations outlined in the service agreement.

4.11) Ownership of Customer Data:

1.4.11) Any data collected from customers during the provision of services shall remain the property of the respective customer.

2.4.11) Aqua Clean agrees to handle customer data in accordance with applicable privacy laws and regulations and to use it solely for the purposes outlined in the service agreement.

5.11) Duration of Confidentiality Obligations:

1.5.11) Confidentiality obligations shall remain in effect during the term of the service agreement and for a reasonable period thereafter.

2.5.11) Upon termination of the service agreement, both parties shall return or destroy any confidential information received from the other party.

12. Force Majeure:

1.12) Definition:

Force majeure events are unforeseeable circumstances beyond the control of Aqua Clean or its customers that prevent either party from fulfilling their contractual obligations under the service agreement.

Examples of force majeure events may include but are not limited to natural disasters, acts of God, war, terrorism, strikes, labor disputes, government actions, or any other events deemed beyond reasonable control.

2.12) Handling of Force Majeure Events:

1.2.12) In the event of a force majeure event affecting service delivery, Aqua Clean shall promptly notify its customers of the situation and the anticipated impact on the provision of services.

2.2.12) Aqua Clean will make reasonable efforts to mitigate the effects of the force majeure event and resume services as soon as practicable.

3.2.12) Customers affected by a force majeure event shall also promptly notify Aqua Clean of any circumstances preventing them from fulfilling their obligations under the service agreement.

3.12) Adjustments to Scheduling:

1.3.12) In the event of a force majeure event that results in scheduling disruptions, Aqua Clean and its customers shall work together to reschedule affected services at the earliest mutually convenient time.

2.3.12) Aqua Clean shall make reasonable efforts to accommodate customer preferences and minimize any inconvenience caused by the rescheduling of services.

4.12) Termination Provisions:

1.4.12) If a force majeure event significantly impacts the ability of either party to fulfil its obligations under the service agreement for an extended period, termination provisions may be invoked.

2.4.12) Aqua Clean and its customers agree to negotiate in good faith to explore alternative solutions before considering termination of the service agreement due to force majeure events.

3.4.12) If termination becomes necessary due to prolonged force majeure events, Aqua Clean and its customers shall follow the termination procedures outlined in the service agreement.

5.12) Communication:

1.5.12) Open and transparent communication between Aqua Clean and its customers is essential during force majeure events.

2.5.12) Both parties shall keep each other informed of any developments related to the force majeure event and collaborate to find mutually acceptable solutions to minimize disruptions to service delivery.

13. Governing Law and Dispute Resolution:

1.13) Governing Law:

1.1.13) The terms and conditions outlined herein shall be governed by and construed in accordance with the laws of New Zealand.

2.1.13) Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.

2.13) Dispute Resolution:

1.2.13) Aqua Cleans and its customers agree to attempt to resolve any disputes or disagreements arising from the interpretation or implementation of these terms and conditions through amicable negotiations in good faith.

2.2.13) If a dispute cannot be resolved through negotiations within a reasonable period, either party may initiate formal dispute resolution procedures.

3.2.13) Formal dispute resolution procedures may include mediation, arbitration, or other alternative dispute resolution mechanisms agreed upon by both parties.

4.2.13) The costs and expenses associated with formal dispute resolution procedures shall be borne by the party initiating the proceedings, unless otherwise agreed upon by both parties.

5.2.13) Notwithstanding the above, Aqua Cleans and its customers reserve the right to seek injunctive or equitable relief in the courts of New Zealand to prevent irreparable harm or preserve rights pending the outcome of dispute resolution procedures.

3.13) Waiver of Jury Trial:

1.3.13) Aqua Cleans and its customers hereby waive any right to a trial by jury in any legal proceeding arising out of or related to these terms and conditions.

2.3.13) This waiver of jury trial shall not apply to any claims or actions seeking injunctive or equitable relief.

4.13) Language of Agreement:

1.4.13)The terms and conditions, as well as any related communications and documentation, shall be in the English language.

2.4.13) In the event of any discrepancy or inconsistency between translations of the terms and conditions, the English version shall prevail.

14. Changes to Terms and Conditions:

1.14) Updates and Modifications:

1.1.14) Aqua Cleans reserves the right to update or modify these terms and conditions at any time without prior notice.

2.1.14) Changes may be made to reflect updates in legal requirements, changes in business practices, or improvements in service offerings.

2.14) Notification of Changes:

1.2.14) Aqua Cleans will make reasonable efforts to notify customers of any updates or modifications to the terms and conditions.

2.2.14) Notification may be provided through email, notification on the Aqua Cleans website, or other communication channels deemed appropriate by Aqua Cleans.

3.2.14) Customers are encouraged to review the terms and conditions periodically to stay informed of any changes.

3.14) Acceptance of Changes:

1.3.14) By continuing to use Aqua Cleans services after the effective date of any changes to the terms and conditions, customers acknowledge and accept the updated terms.

2.3.14) If customers do not agree with the updated terms and conditions, they have the option to discontinue the use of Aqua Cleans services.

4.14) Effective Date of Changes:

1.4.14) Changes to the terms and conditions will become effective immediately upon posting unless otherwise specified by Aqua Cleans.

2.4.14) Customers are advised to review the effective date of any changes to determine when they come into effect.