Terms & Conditions
Last Updated: February 2026
By booking or using Top Cleans services (“Services”), you agree to be bound by these Terms & Conditions (“Terms”). If you’re booking on behalf of a business or another person, you confirm you’re authorised to agree to these Terms on their behalf.
1. Acceptance & Contract Formation
1.1 Your approval or acceptance of services constitutes agreement to these Terms.
1.2 These Terms prevail over any inconsistency with a Service Agreement or quote.
1.3 Ownership or control changes of your business or premises must be notified at least 14 days in advance.
2. Services & Scheduling
2.1 Services will be provided as described in the Service Agreement.
2.2 Services may be suspended for non-payment or if premises are unsafe.
2.3 Extra services outside the agreed scope require written approval.
2.4 Cancellations must be given at least 24 hours’ notice to avoid charges; late cancellations may incur fees (see Section 5).
2.5 We may need to reschedule due to staff availability, extreme weather, or other unforeseen circumstances.
3. Customer Obligations
3.1 You must provide safe and timely access to the premises.
3.2 Premises must be safe, free of hazards, and prepared for cleaning. Notify us of any known risks.
3.3 Ensure utilities (electricity, water, waste disposal) are available.
4. Equipment & Consumables
4.1 Top Cleans provides necessary equipment and consumables unless otherwise agreed.
4.2 You agree not to use our equipment or interfere with consumables without permission.
5. Price, Payment & Late Fees
5.1 Prices are as per the Service Agreement or quote, unless stated otherwise.
5.2 Invoices will be paid in full, without deduction or setoff, on or before the due date unless otherwise agreed with Top Cleans in writing.
5.3 Late payments may incur interest, collection costs, suspension of services, or reporting to credit agencies.
5.4 Non-payment may also lead to service rescheduling or termination.
6. Warranties & Service Quality
6.1 We warrant that services will be performed with reasonable care and skill.
6.2 You must notify us promptly (within 24 hours) of any concerns about service quality and provide details or photos where possible.
6.3 We do not guarantee specific outcomes beyond the agreed scope.
7. Liability & Exclusions
7.1 Top Cleans is not liable for business losses, consequential damages, or events outside our reasonable control.
7.2 Liability is capped at the total fees paid for the relevant service.
7.3 We are not responsible for pre-existing damage, undisclosed hazards, or normal wear and tear.
7.4 We are not liable for delays or non-performance caused by Force Majeure events, including natural disasters, pandemics, supply issues, or government restrictions.
8. Default & Termination
8.1 Either party may terminate this Agreement with 60 days’ written notice.
8.2 Immediate termination may occur if a material breach is not remedied within 14 days or in cases of insolvency or unsafe premises.
8.3 Accrued rights and obligations survive termination.
9. Non-Solicitation
You may not directly or indirectly solicit or employ our staff or contractors during the term of this Agreement or within 6 months after termination without prior written consent.
10. Notices
All notices must be in writing and delivered by personal delivery, courier, or email. Notices are effective upon delivery or sending.
11. Confidentiality
Both parties agree not to disclose confidential information obtained in connection with services, except as required by law. This obligation survives termination.
12. Dispute Resolution
12.1 Parties must attempt to resolve disputes amicably in the first instance.
12.2 If unresolved, disputes must be referred to mediation before legal action.
13. Compliance with Laws
Both parties must comply with all applicable New Zealand laws, including Health & Safety, employment, and privacy legislation.
14. Consumer Guarantees & Statutory Rights
14.1 Services are subject to the Consumer Guarantees Act 1993 where applicable.
14.2 Exclusions or limitations apply only to the extent permitted by law.
15. Privacy & Data
If you have any questions about this Privacy Policy or how your personal information is handled, please contact:
Email: info@topcleans.co.nz
16. Force Majeure
Neither party is liable for delays or failure to perform due to circumstances beyond reasonable control, including natural disasters, pandemics, industrial action, or supply chain disruptions.
17. General Provisions
17.1 Failure to enforce any term does not waive rights.
17.2 Invalid or unenforceable provisions do not affect the remainder of the Agreement.
17.3 No partnership, joint venture, or agency is created by this Agreement.
17.4 Amendments must be in writing.
17.5 Top Cleans may assign rights or obligations; you may not do so without prior consent.
18. Governing Law & Jurisdiction
This Agreement is governed by New Zealand law, and all disputes are subject to the exclusive jurisdiction of New Zealand courts.