Klever’s Terms & Conditions Of Service
Terms and Conditions of Service
These Terms and Conditions (“Terms”) constitute an agreement between you (the “client” also referred to as you/your) and Klever Carpet Cleaning (“Klever” also referred to as we/us/our) relating to the use of our website and provision of our services.
By accessing our website or engaging our services, you agree to be bound by these Terms, all applicable laws and regulations, and confirm that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing our website or services. Please take some time to review these Terms, as your engagement constitutes an agreement to be bound by them.
Client Obligations
By engaging our services, you agree and acknowledge that you:
- Are authorised to use the premises and to engage Klever to provide services at the premises;
- Will assist Klever by providing all appropriate information to any Klever representative at their request, or that they may reasonably require in order to perform Klever’s obligations under these Terms;
- Will provide Klever with access to the premises and to all services and utilities that may be reasonably required by Klever to complete the services;
- Will provide a safe working environment for any Klever representative to work in and you will advise of, and take all reasonable steps to eliminate, isolate or minimise any hazards or risks onsite;
- Will accept responsibility to Klever for payment of any and all charges relating to services rendered, or any cancellation, debt collection or other fees as applicable.
You understand that if Klever arrives to provide the services and you have not met your obligations under this section, then Klever may decide that it is not appropriate to provide the services. If Klever decides not to provide the services as a direct result of your failure to meet these obligations, you may be required to pay a cancellation fee for administrative and travel costs, and Klever will not be responsible for completing or providing any services.
Stains and Pre-existing Damage
Klever Carpet Cleaning and all Klever representatives agree to take due care and perform our duties to the best of our ability. However, some stains cause permanent damage, so we cannot guarantee the reversal of stains or pre-existing damage and offer no promises that we can do so.
Wherever possible, our technicians will assess any area of concern and advise the likely outcome prior to starting. If you choose not to proceed with the treatment following advice from our technician, you will only be liable for the associated call-out fee. However, if you choose to proceed with the service, you will be liable for all related costs as advised regardless of outcome.
In the case that our technician is unable to remove staining, they will be happy to discuss alternative options with you.
In cases where there is pre-existing damage, underlying issues, or where stains have been previously treated, it is possible that cleaning the area may inadvertently cause further damage. Any such risk may not be obvious to our technician prior to starting, and all services are delivered in good faith. Therefore, you agree and acknowledge that you will not hold us liable in this regard.
Your engagement of our services constitutes an agreement that you will not hold us liable or withhold payment for services rendered based on an unsatisfactory outcome due to stains or pre-existing/underlying damage as outlined above.
No Miracles Policy
While we strive for outstanding results and will always use our expertise and best efforts to improve the appearance of your carpets or upholstery, there are no miracles in stain removal. Some stains—such as those caused by bleach, permanent dyes, chemical alterations, extreme age, or deep-set damage—are permanent and cannot be fully removed by any professional cleaning method.
Our “No Miracles Policy” means we do not guarantee or promise complete removal of every stain. If a stain proves impossible to eliminate after our assessment and treatment attempts, this does not constitute a failure of service, and you agree not to hold Klever liable or withhold payment on that basis. We will always be transparent about likely outcomes upfront and discuss realistic expectations before proceeding.
Industrial Cleaning Solutions
Industrial cleaning solutions may be used during the cleaning process to the best judgement of our Klever representatives as required.
You agree to the application of these products as considered necessary by your Klever representative and understand that it is beyond the expertise of our Klever representatives to determine if someone may be sensitive to the application of these agents. You agree and acknowledge that Klever assumes no responsibility for any adverse reaction to any products used.
If you do not want any industrial cleaning solutions to be applied, you may request to have only eco-friendly products, or no cleaning products applied, and it is your sole responsibility to make this choice clear to your Klever representative.
You understand and acknowledge that this may greatly reduce the likelihood of improving the appearance of staining or addressing odours, and you agree that you will not hold Klever responsible in this regard.
Furniture
Klever technicians will not move fragile items, electrical equipment, or large, heavy items, and if you choose to move these items, you will do so at your own risk.
You understand that any wooden or metal items must be kept off the carpet until it has dried completely, as failure to do so may cause permanent damage to your carpet or furniture. You acknowledge and agree that if you choose to move furniture onto the carpet before it is completely dry, Klever will not be held responsible for any resulting damages.
Prices
All of our prices are quoted in $NZD and are exclusive of GST unless otherwise stated.
Any quote provided by Klever will be valid for 20 working days from the date of issue. We will be happy to provide you with another quote after this time, if requested by you.
Klever reserves the right to withdraw any quote or vary any quote at any time before you accept the quote.
Klever provides quotes for services based on the information that you have provided. You understand that if you do not provide us with all the appropriate information that we may ask for, this may impact the accuracy of our quote, in which case our quote may be subject to change.
We understand that sometimes things change and we will make every effort to accommodate changes at your request. We do this in good faith, and you agree to pay any additional charges if you request your Klever technician to clean additional areas or items not included in your original quote.
You understand that if you do request additional work to be done, our technician will advise the cost for this before starting, and you agree to be personally liable for all charges accrued.
Payment
By engaging our services, you agree and acknowledge that you have authorised the work and accept responsibility to Klever Carpet Cleaning for payment of any and all charges relating to services rendered.
You understand that payment is to be made in full upon completion of the work unless prior arrangements have been made.
If any payment of our fee, charges, or any other related expenses falls overdue for payment, then the overdue amount will (without prejudice to any other right or remedy under the Terms) be subject to a default interest at a rate of 10% per annum from that date on which payment of that amount falls overdue, until the date that payment of the overdue amount is paid to Klever in full.
Should payment not be made to Klever on completion of services or as arranged, you will indemnify Klever for all costs and expenses incurred in recovering the unpaid monies, including but not limited to, legal and debt collection costs and fees.
Cancellation
Either party may cancel the services by providing notice before the scheduled appointment time.
- If cancellation is made with at least 48 hours’ notice before the services are due to be performed by Klever, no cancellation fee will apply.
- If cancellation is made with less than 48 hours’ notice but more than 24 hours before the appointment, you will be required to pay a cancellation fee to cover administrative costs and loss.
- If cancellation is made within 24 hours of the appointed time (including same-day cancellations or no-shows), you will incur a call-out fee equivalent to [insert amount, e.g., $150 + GST or 50% of the quoted service price] to cover travel, preparation, and opportunity costs. This fee is payable immediately or will be added to any outstanding balance.
You understand and agree that Klever reserves the right to charge the applicable fee(s) outlined above if cancellation occurs within the specified timeframes. Klever may, at its discretion, waive or reduce any fee in exceptional circumstances.
Indemnity
You agree to indemnify Klever, to the extent permitted by law, for all claims, costs, losses, and liabilities arising as a result of your failure to meet your obligations under these Terms.
Exclusion of Liability
Klever will not be liable for any loss, costs, expenses, or damage incurred by the customer or any third party as a result of any act or omission by Klever or a Klever representative, if that act or omission is beyond Klever’s reasonable control.
Klever will not be liable for any indirect, consequential, or special loss, damage, cost, or expense of any kind suffered or incurred by you arising out of or in connection to these Terms, including, without limitation, damages for loss of data or profit, or due to business interruption.
Klever’s liability to you arising out of any claim in relation to these Terms will be limited to either the monetary amount of the value of that part of the services giving rise to the claim, the actual damage or loss suffered by you, or the sum of $1,000, whichever is lesser.
Complaints
By engaging the services of Klever Carpet Cleaning, you agree and acknowledge that it is your duty to report any concerns or complaints to Klever within 48 hours of the service being completed.
This is to allow Klever the opportunity to assess the work done and address your concerns in a timely manner. If you do not contact Klever within this time, or if you do not allow Klever timely access to your property for the purposes of assessing and addressing any concerns, you understand that Klever may not be able to remedy your concerns and you agree to hold Klever harmless in this regard.
Consumer Guarantees Act 1993
The exclusions and limitations of these Terms do not apply to the rights granted to you under the Consumer Guarantees Act 1993 (“Act”), unless you are engaging our services for business purposes. If you are acquiring any services or assistance from Klever for business purposes, then the provisions of the Act will not apply.
Privacy
You understand that Klever will collect personal information in order to provide its services and will treat this information in line with Klever’s Privacy Policy. Our Privacy Policy can be reviewed on our website.
Use License for Website Materials
Permission is granted to temporarily download one copy of the materials (information or software) on Klever Carpet Cleaning’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Klever Carpet Cleaning’s website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Klever at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Klever Carpet Cleaning’s website are provided on an ‘as is’ basis. Klever makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Klever does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
The materials appearing on Klever Carpet Cleaning’s website could include technical, typographical, or photographic errors. Klever does not warrant that any of the materials on its website are accurate, complete, or current. Klever may make changes to the materials contained on its website at any time without notice. However, Klever does not make any commitment to update the materials.
Links
Klever Carpet Cleaning has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Klever of the site. Use of any such linked website is at the user’s own risk.
General
These Terms, together with any additional service-specific terms or waivers entered into between the parties (if any), shall set out the entire agreement and understanding between Klever and you, and merge all prior discussions that Klever or any Klever representative may have had with you.
Any waiver, delay, or failure to execute any rights by Klever under these Terms shall not be a waiver of that right or other right of Klever. No waiver is valid unless it is in writing.
If any of the provisions of these Terms is deemed invalid, illegal, or unenforceable, then the remaining terms of these Terms will not be affected and will continue in full force and effect.
Any notice in writing must be addressed to the other party and delivered by hand or email.
You may not assign your rights and obligations under these Terms without Klever’s written consent.
Personal Guarantee
If you are a director(s) or trustee(s) entering into these Terms on behalf of a client who is a company or trust, you agree that you are subject to these Terms in your personal capacity and personally undertake to ensure the payment of all money owed by the client to Klever. You agree to indemnify Klever against any non-payment by the client and any other breach in these Terms.
Any personal liability of a director or trustee under these Terms will not exclude the client in any way from the liabilities and obligations contained in these Terms.
Amendment of Terms
We reserve the right to change or update these Terms from time to time, as we see fit and without notice or explanation. Any such changes shall take effect immediately for any subsequent use of our website or services, so it is your sole responsibility to check these Terms regularly and prior to engagement of our services.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
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