Thank you for visiting our website. Please read these terms and conditions carefully. In accepting services provided by Sustainable Horticultural Services (“We”, “Us”, “Our”, ABN 22 519 165 368), you accept the following terms and conditions.
This website is owned and operated by Sustainable Horticultural Services. These Terms and Conditions (Terms) dictate your use of the service available through our website, and email correspondence (@sustainablehorticulturalservices.com.au). Further, they cover any software applications that facilitate the scheduling, management and performance of the service.
By accessing and/or using the Services provided by Sustainable Horticultural Services, you agree to these terms, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website or Service if you do not agree to these Terms. In these Terms.
Definitions:
For the purpose of these Terms, the following definitions and there corresponding words will apply.
Service: referring to functionality provided by us.
Terms: Terms and conditions; Terms of service.
Regular Service: Service delivery is delivered repeated with a frequency agreed upon by us and the client.
Once-Off Service: Service delivery is limited to a single time, occasion, or instance.
Client: The party contracting with Sustainable Horticultural Services to undertake service delivery.
Website: https://sustainablehorticulturalservices.com.au/
Booking Confirmation: The email received by the client sent from james@sustainablehorticulturalservices.com.au, confirming the service provisions of the clients booking and the prices including GST.
Garden Maintenance: The following service provisions are grouped under this definition, Garden/Courtyard clean-up, Lawn mowing, Whipper snipping and edging, Leaf blowing and disposal, Hedge trimming, Pruning, Fertilization, Hand removal, Tools and equipment, Organic herbicides, Synthetic herbicides, Organic Pesticides, Synthetic Pesticides, Plant diversity.
Garden Transformation: Garden design, Planting, Plant removal, Replanting, Soil and testing, Mulching, Plant recommendations.
Turf Transformation: Turf supply, Turf establishment, Turf removal, Aeration, Fertilization, Herbicide application, Watering, Soil testing.
Animal Droppings: includes dog droppings and/or cat droppings.
Hard Litter: includes loose glass, loose concrete/bricks, loose hard plastics, plasterboard, building materials.
1. Severance Clause
If any of the following terms are found to be void, illegal or uncertain, the particular Term/s may be severed from the Terms. Further, severance should allow the contract to operate under its modified form. That is to say, all other clauses contained in the Terms are still enforceable.
2. Commencement: This agreement between Sustainable Horticultural Services and the above Client is made and entered into upon engagement of Services or upon payment of the Service, whichever comes earlier.
3. Access:
(a) It is the responsibility of the Client to ensure necessary access to the area.
(b) If there is no access on-site whilst the gardener is there, and the gardener has not been able to reach the Client, the gardener will move on after 15 minutes and a call-out fee of $10 will be applicable.
4. Personal Data Accuracy: You must ensure that information provided to us, is accurate and current, including Client contact details. We will handle all personal information we collect in accordance with our Privacy Policy.
5. Service Updates: The Terms may be amended at any time. Further, we will notify you of any updates to these Terms via email from james@sustainablehorticulturalservices.com.au, at least 15 days after the Terms amendment.
6. Price Changes: We may change the price of the Service at any time, and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
7. Payment of visits: Payment may occur pre or post service delivery, with discretion laying with the Client.
a) Clients who choose post payment shall, upon completion of Service delivery, be responsible for payment of the applicable fees for all Services requested to the address you provide us. You agree to pay all fees in accordance with the fees detailed in the “Booking Confirmation” email, and by no later than the due date specified in the latter mentioned email.
b) Prepaid Clients may process payment through the “Booking Confirmation” email or have our staff assist on the phone. Any payment processed online will automatically generate a receipt that is emailed directly to the client’s provided email.
(a) If you do not receive a receipt by email, please contact us at james@sustainablehorticulturalservices.com.au, as to allow us to investigate the issue.
(b) We accept payments made directly into our Commonwealth Bank account or via PayPal.
8. Outstanding payments and Late payment: Failure to provide payment when due may incur late fees. If we do not receive the outstanding balance by the due date the Client will be liable for:
(a) Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis; An account keeping fee of $40.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
(b) Any debt collection or recovery costs incurred by us; and if our debt collection agency (“the agency”) charges commission on a contingency basis then the client shall pay as a liquidated debt the commission payable by us to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery;
(c) Any charges reasonably made or claimed by our or the agency’s lawyer for legal costs on the indemnity basis.
9. Regular service
(a) If a “Regular Service” is requested then this will automatically renew based on the recommended frequency, and will continue indefinitely until terminated by you in accordance with the Terms.
(b) The subscription period will continue to renew at the agreed frequency set out in our written correspondence at the agreed price in writing.
(c) You agree that your account will be subject to automatic renewal, unless you cancel your “Regular Service” provision at a time prior to the renewal commencement dates. Further, to cancel your prescription contact up by email (james@sustainablehorticulturalservices.com.au)
(d) If you do not wish your account to renew automatically, or if you want to change or terminate your service, please contact us via email (james@sustainablehorticulturalservices.com.au)
10. Changes and Cancellations
(a) You can cancel or amend a visit by contacting the team, free of charge, up to 5pm AEST the day prior to the scheduled visit.
(b) If you cancel or amend a visit after these hours, you may have to pay a cancellation fee equivalent to $10 incl. GST.
(c) There is no minimum commitment term for either the Regular Service or Once-Off Service however you must inform us in writing to james@sustainablehorticulturalservices.com.au according to the Terms if you wish to alter the frequency of the service, inclusions or if you wish to pause or cancel the service.
11. Inclusions
(a) The precise Garden Maintenance service provisions the client will receive in relation to a particular booking are detailed in the corresponding “Booking Confirmation” email the Client receives. There are surcharges for overgrown grass. Further, the removal of waste or any other gardening services are not included if this has not been included in writing in the “Booking Confirmation” email.
(b) It is the Client’s responsibility to accurately describe the state of their lawn and if requested to supply us with relevant photos so we can provide an accurate quote.
(c) The precise Garden Transformation service provisions the client will receive in relation to a particular booking are detailed in the corresponding “Booking Confirmation” email the Client receives. Further, the removal of waste or any other gardening services are not included if this has not been included in writing in the “Booking Confirmation” email.
d) The precise Turf Transformation service provisions the client will receive in relation to a particular booking are detailed in the corresponding “Booking Confirmation” email the Client receives. Further, the removal of waste or any other gardening services are not included if this has not been included in writing in the “Booking Confirmation” email.
12. Hard Litter and Animal Droppings
(a) Occupational Health & Safety (OHS) Surcharge equal to 50% of the Visit Price, if there are Animal Droppings or Hard Litter left in the lawns. For example, if your visit price is $90, the surcharge will be $45. The total for this visit will be $90 + $45 = $135
(b) The surcharge will still be applicable even if the job is not finished and needs to be rebooked for another visit to allow more time to complete the work.
(c) We still maintain the right to refuse to do the job if there are too many animal droppings or hard litter. A $10 call out fee will be charged to the Client if no work has been done.
(f) If the surcharge applies, we are under no obligation to remove any animal droppings off-site before or after doing the work.
(g) If the Surcharge applies, we are under no obligation to remove any Hard Litter off-site before or after doing the work.
(h) The purpose of this surcharge is to serve as a deterrent for clients leaving Hard Litter and Animal Droppings in the lawn for the gardener. This can cause serious health issues and/or injury whilst onsite.
(i) Is it the Client’s responsibility to ensure the yard is ready and clear before the scheduled visit. If a client requires more time to clean up before the scheduled booking, please email us (at james@sustainablehorticulturalservices.com.au) to change the visit date to when the yard is ready.
13. Accuracy, Completeness and timeliness of information:The information on our website or App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date. While the information on this website has been verified to the best of our abilities, we cannot guarantee that there are no mistakes or errors.
14. Disclaimer: The information provided under the “Learn” (Plant Encyclopedia, Horticulture Glossary, Articles), section of our website is provided for general educational information purposes only and should not be relied upon or used as the sole basis for making decisions. Should you decide to act upon any information on this website, you do so at your own risk. It is recommended that you seek further consultation for your own individual needs with professionals in their fields.
15. Warranties and disclaimers: To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
16. Liability
(a) General Indemnity: You agree to indemnify Sustainable Horticultural Services, on-demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which Sustainable Horticultural Services, may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of the Terms.
(b) General limitation of liability: We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents, use or reliance of our websites content or otherwise in connection with the website or app.
(c) Services Liability: To the extent permitted by law, Sustainable Horticultural Services will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that you or another person may suffer in connection with the offer or supply of (or default in supplying) the services.
17. Dispute Resolution Policy:
(a) Any issues with the service must be reported to Sustainable Horticultural Services within 5 days before payment is finalised. You must provide us with photos of any unsatisfactory visit within 5 days of the scheduled visit.
(b) Sustainable Horticultural Services will use reasonable endeavours to mediate any dispute concerning the use of the website, app or service. Disputes in relation to the Services carried out or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.
18. Unacceptable activity: You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website or App, including but not limited to:
(a) Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(b) Using this website or our associated communication channels to defame or libel us, our employees or other individuals;
(c) Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
(e) If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
19. Intellectual property rights: Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
20. Jurisdiction and governing law: Your use of the website and these Terms are governed by the law of Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australia.
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