Terms of Service

SERVICE CONTRACT – STANDARD TERMS AND CONDITIONS

 

  1. DEFINITIONS

Client means the client noted in the Contract Details.

Contract means these Standard Terms and Conditions, any Special Conditions agreed in writing by the Parties, and the Contract Details provided by the Parties.

Confidential Information means any information identified as confidential and disclosed by one Party to the other for the purposes of this Contract but does not include information that is in the public domain, is already lawfully known to the receiving Party, has been independently developed by the receiving Party or is required to be disclosed by law.

Contract Details means the details provided by the Parties in respect of this Contract.

Intellectual Property means all intellectual property rights, including:

  • patents, inventor’s rights, copyright, rights in designs, drawings and knowhow; and
  • any application or right to apply for registration of any of the rights referred to in paragraph (a) but excludes Moral Rights and similar personal rights of any person.

 Moral Rights means moral rights as defined in section 189 of the Copyright Act 1968 (Cth) as amended.

 Nominated Site means any one or more site, facility or location nominated by the Client on or at which the Services are to be provided.

 Party and Parties means You and Us.

 Services means the services described in the Contract Details.

 Term means the term from the Commencement Date to the Expiry Date noted in the Contract Details.

 We, Our and Us means Valdony Pty Ltd T/A Walkinrobes.com.au (ABN 84 614 198 097) including its directors, officers, employees and contractors.

 Website means walkinrobes.com.au

 You means the Client. 

  1. HOW IT WORKS:
    • The Client must first place an online purchase order through our Website.
    • Provided that and conditional on the Client having placed a purchase order and made payment in full, we will agree a time to come to the Nominated Site to check all measurements and specifications (‘Check Measure Appointment’). The final model will then be confirmed with the Client.
    • On the instruction of the Client, the final model will be manufactured in accordance with the agreed specifications and installed by our supplier or manufacturer installation contractors as may be appointed at our sole and absolute discretion.
  2. SERVICES
    • We will make all necessary arrangements to provide the Services at the Nominated Site in accordance with this Contract and any Special Conditions in the Contract.
    • The Parties will agree on the time and place for the performance of the Services subject to the availability of our staff and agents.
    • We will take reasonable endeavours to ensure that the Services are completed by the dates agreed by the Parties.
    • The Services will be performed by agents that we may choose as most appropriate to carry out the Services.
  3. ACCESS
    • You agree to:
      • give us and any of our contractors, safe and prompt access to any site, location or facility necessary for us to carry out the Services;
      • make available to us any data, information or materials necessary for us to carry out the Services;
      • provide us with all necessary inductions for any site, location or facility that we are required to attend, and be responsible and liable for all work health and safety issues while we are on the site; and
      • provide any electricity, water and other services we require to carry out the Services.
  1. FEES AND PAYMENT
    • You agree to pay any fee and incidental costs (including GST) that we quote or disclose to you in writing for carrying out the Services, including any amount we may require you to pay before we commence any work.
    • If you require any variations to our original quote, we will provide an estimate cost for the variations in writing in accordance with clause 9 below.
    • We will issue invoices prior to the commencement of the work. We will issue all invoices to you at the address or email address nominated by you.
    • We accept cash, bank transfer and debit/credit card payments.
    • In the event of any overdue or unpaid invoices, we will cease to provide any Services to you, until all outstanding payments have been made.
  2. NO PARTNERSHIP OR EMPLOYMENT RELATIONSHIP
    • Nothing in this Contract constitutes the relationship of employer and employee between us and the Client or between our agents and the Client.
    • It is the express intention of the Parties that any such relationships are denied.
  3. USE OF CONTRACTORS
    • We are permitted to use contractors and other persons to provide some or all of the Services.
    • The work undertaken by us and any contractors that may be engaged by us will be completed in a professional manner and in accordance with generally accepted industry practice and standards. We will ensure any contractors that we may employ from time to time will have the relevant qualifications and are under the same standards requirements.
    • Where you have nominated a particular installer contractor, we are at no time responsible for their services. If we have recommended a particular contractor installer, we will ensure they are appropriately trained, experienced and that they have the relevant required insurances. We are not responsible, make no warranties (either express or implied) and accept no liability for any work performed by any contractors or other persons. Where a contractor is engaged to perform any work, whether in accordance with this Contract or otherwise, the contractor is solely responsible for the work performed.
  4. CANCELLATION AND REFUND
    • The Parties agree that:-
      • Where the Client cancels the Service at least one (1) business day prior to our first scheduled attendance at the Nominated Site we will refund any deposit paid to us by the Client.
      • Where the Client cancels the Service within one (1) business day after our first attendance at the Nominated Site we will issue a partial refund, being the amount paid to us by the Client less $100AUD to be withheld by us for our attendance and measurement service at the Nominated Site.
      • Where the Client cancels the Service more than one (1) business day after our first attendance at the Nominated Site, but prior to the commencement of any substantial work, we will issue a partial refund, being 50% of the monies paid to us by the Client.
    • We offer remedies in accordance with the Australian Consumer Law (‘ACL’). If you are not satisfied with the results of our Service and/or wish to request a refund according to your statutory rights under ACL, you must notify us by phone or email within 7 business days of the provision of the Service and provide the following details in writing:
      • the date and time when the Service was provided;
      • specific reasons why you are not satisfied with the Service;
      • which specific locations or areas relating to the Service you are not satisfied with; and
      • photos of the locations or areas in question, ensuring the photos are clear and taken in good light.
    • Once you have notified us, we will, in our sole discretion, provide the Service again in relation to the locations or areas in question or refund the cost of the Service with respect to the locations or areas in question only.
  5. VARIATIONS
    • You may request us to vary the Services (including increasing, decreasing, or omitting any work) by phone or email.
    • If we consider that the variation can be effected, and should we choose to provide the variation in our sole discretion, we will provide you with a written quotation for the requested variation within seven (7) business days.
    • The Services will be varied when we receive written acceptance from you of the quotation.
    • Any variation that is, in effect, a cancellation, is subject to the provisions in clause 8.
  6. TERMINATION
    • Either Party may terminate this Contract for any reason by giving 30 days written notice to the other Party.
    • We may terminate this Contract immediately without notice if:
      • any invoice remains unpaid 7 days after the due date; or
      • you breach any other term or condition in this Contract and you are unable to rectify the breach within 30 days of a written request by us to do so.
    • In the event of any termination, we will be entitled to pro rata payment for any Services we have provided up until the date of termination.
  7. WORK HEALTH AND SAFETY
    • You must comply with all legislative requirements relevant to safety including the provisions of the Occupational Health and Safety Act 2004 (VIC) where relevant and all related standards and codes to ensure our health and safety at all times when we are providing the Services to you at any site where we are required to work.
    • You must advise us immediately if you are aware of any issue which poses a risk to our health and safety in providing the Services to you.
    • We reserve the right to refuse to provide a Service if we are not satisfied that the place in which we are required to work is without risks to the health and safety of any person.
  8. WARRANTY
    • Certain legislation including the Australian Consumer Law (ACL) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
    • Our liability is governed solely by the ACL and the terms of this Contract. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
    • Except for your Statutory Rights, we make no warranty or representation regarding the outcome of our Services. The outcome of our Services will depend on factors outside our control including the age and condition of the item that we are required to clean or repair, or the extent of any damage to the item.
    • To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited, at our sole discretion, to us providing the Services to you again or us refunding the amount you have paid us for the Services to which your claim relates.
    • Where the provision of Services depends on your information or response, including any access requirements under clause 4, we have no liability for a failure to provide any Service that is affected by your delay in providing information or providing incomplete or incorrect information.
  9. LIABILITY AND INDEMNITY
    • To the extent permitted by the law, our liability to you for any injury, loss or damage will be limited only to the extent and in the proportion to which such injury, loss or damage is caused by us.
    • We accept no liability for work performed by subcontractors or third persons whether appointed by us or otherwise.
    • We will not be liable for any direct, indirect, special and/or consequential loss or damage including, without limitation, damages for loss of business revenues, business profits, business interruption, loss of business information, or other pecuniary loss arising out of the provision or non-provision of the Services.
    • You agree to fully indemnify us and keep us at all times fully indemnified from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any breach of the terms of this Contract by you.
    • Each Party will maintain appropriate and enforceable insurance policies to cover liability that arises out of, under or pursuant to this Contract.
  10. INTELLECTUAL PROPERTY
    • We retain all rights to existing or background Intellectual Property used to provide the Services.
    • Any Intellectual Property we create in the course of providing the Services will vest in us on creation. If we design any particular product for your home or business and use, we retain the Intellectual Property rights in this product and may use it for other commercial means.
    • You agree that we may use images of work that we do for you on any worksite or in any publication, unless you advise us in writing that you do not wish us to do so.
    • Neither Party may use the name or logo of the other Party as a consequence of or in connection with this Contract without the prior written permission of the other Party.
  11. CONFIDENTIALITY
    • Each Party will keep confidential and use the other Party’s Confidential Information only for the purposes of the Services, unless written approval is obtained.
    • Each Party may disclose such Confidential Information to its employees and agents as necessary for the performance of the Services provided such persons have been informed of the confidential nature of the information and have agreed to keep it confidential.
  12. FEEDBACK AND DISPUTE RESOLUTION
    • Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.
    • If a dispute arises, both Parties agree that confidentiality is paramount to both our reputations. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of either Party. Any public discussion or comments about either Party will be considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
  13. GENERAL
    • These Standard Terms and Conditions and Special Conditions (if any) constitute the entire Contract between the Parties in relation to the Services and no other understandings, representations or warranties of any kind (express or implied) form part of the Contract between the Parties in relation to the Services.
    • The terms of this Contract may be varied only by the agreement of the Parties in writing.
    • If any provision of this Contract is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected.
    • No failure or delay on our part in exercising any of our rights under the Contract will be construed as a waiver of any such rights.
  14. GOVERNING LAW
    • This Contact is governed and construed in accordance with the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria.