Terms & Conditions
The Carpet Cleaner Limited Terms and Conditions
Agreement means the agreement between the client (you) and The Carpet Cleaner Ltd (The Carpet Cleaner, us, we or our) for the performance of services.
Authority means any public or other authority, statutory or otherwise which has jurisdiction in relation to the services and or personnel.
Client is the party or principal in agreement with The Carpet Cleaner Ltd which could default to the party who instigated our services in the beginning if on behalf of if payment is not met. Then the instigator becomes the client.
Commencement Date means the date on which The Carpet Cleaner Ltd shall commence the services.
Completion shall mean that stage when the services are complete and The Carpet Cleaner Ltd has satisfied all its obligations under this agreement to the agreed services.
Confidential information means any information (in any form) from the client or occupiers of the premises are not in the public domain.
Date for Completion means the date The Carpet Cleaner Ltd must achieve completion of the services, as varied by the client in accordance to the service requested.
Documents means all relevant documents that The Carpet Cleaner Ltd can produce without hesitation to the client (plans, drawings discs, keys etc) or data stored by any means about the contract or processes, this comes into effect when a Client reuses services.
Fee means the fee payable to The Carpet Cleaner Ltd by the Client including an amount in respect to GST and the final agreement for services tendered. All other services are to be incurred by The Carpet Cleaner Ltd in respect of the agreement. This can also be known as payment.
GST means tax charged under the GST Act 1985. Or any updated legislation.
Liability means any claim, suit demand, damage, loss, expense, cost, (including legal costs on a full indemnity basis) or other liability.
Personnel mean any person employed by The Carpet Cleaner Ltd including its subcontractors and agents.
Services are the services agreed upon by the Client and The Carpet Cleaner Ltd to work, the date and time. It includes without limitation, work and labour, cleaning, treating, restoration, management, maintenance or any thing requested and agreed upon to produce the agreement between the Client and The Carpet Cleaner Ltd.
Statutory Requirements means any authority in relation to the services.
Variation means a change to the services instructed by the Client, any increase decrease or omission of the service.
Authority means any public or other authority, statutory or otherwise which has jurisdiction in relation to the services and or personnel.
Client is the party or principal in agreement with The Carpet Cleaner Ltd which could default to the party who instigated our services in the beginning if on behalf of if payment is not met. Then the instigator becomes the client.
Commencement Date means the date on which The Carpet Cleaner Ltd shall commence the services.
Completion shall mean that stage when the services are complete and The Carpet Cleaner Ltd has satisfied all its obligations under this agreement to the agreed services.
Confidential information means any information (in any form) from the client or occupiers of the premises are not in the public domain.
Date for Completion means the date The Carpet Cleaner Ltd must achieve completion of the services, as varied by the client in accordance to the service requested.
Documents means all relevant documents that The Carpet Cleaner Ltd can produce without hesitation to the client (plans, drawings discs, keys etc) or data stored by any means about the contract or processes, this comes into effect when a Client reuses services.
Fee means the fee payable to The Carpet Cleaner Ltd by the Client including an amount in respect to GST and the final agreement for services tendered. All other services are to be incurred by The Carpet Cleaner Ltd in respect of the agreement. This can also be known as payment.
GST means tax charged under the GST Act 1985. Or any updated legislation.
Liability means any claim, suit demand, damage, loss, expense, cost, (including legal costs on a full indemnity basis) or other liability.
Personnel mean any person employed by The Carpet Cleaner Ltd including its subcontractors and agents.
Services are the services agreed upon by the Client and The Carpet Cleaner Ltd to work, the date and time. It includes without limitation, work and labour, cleaning, treating, restoration, management, maintenance or any thing requested and agreed upon to produce the agreement between the Client and The Carpet Cleaner Ltd.
Statutory Requirements means any authority in relation to the services.
Variation means a change to the services instructed by the Client, any increase decrease or omission of the service.
The Carpet Cleaner Limited Requirements to Client
2.1 Commence the services by the commencement date and complete the services by the completion date unless variation to the original agreement by the client.
2.2 Properly and diligently execute the services with a high degree of skill, care and competence expected of a skilled tradesperson, technical or professional person experienced in performing the same or similar services.
2.3 Perform the services to the satisfaction of the Client in accordance to the agreement.
2.4 Carry out reasonable directions by the Client.
2.5 Manufacturers warrantees and guarantees apply for the lifetime to the fabric it applies to.
2.6 The Carpet Cleaner Ltd is not liable for any services not completed or delayed when it is beyond our control but will try the utmost in consultation where possible.
2.2 Properly and diligently execute the services with a high degree of skill, care and competence expected of a skilled tradesperson, technical or professional person experienced in performing the same or similar services.
2.3 Perform the services to the satisfaction of the Client in accordance to the agreement.
2.4 Carry out reasonable directions by the Client.
2.5 Manufacturers warrantees and guarantees apply for the lifetime to the fabric it applies to.
2.6 The Carpet Cleaner Ltd is not liable for any services not completed or delayed when it is beyond our control but will try the utmost in consultation where possible.
Payment of Fee by Client
What is the price?
The price is the cost of the services as agreed between you and us from time to time including GST and out of pocket expenses. You agree to reasonable changes in the price at any time.
If no price is stated in writing or orally agreed, the price will be the cost that we provide the services at the time of your request, subject to reasonable changes.
3.1 A tax invoice will be provided to the client in an acceptable form to the client.
3.2 The fee agreement will be fixed and only be adjusted as agreed only by both parties.
3.3 The principal or client will pay the fee or the amount agreed to and set out in the tax invoice within 3 days of receipt of the invoice.
3.3a After 21 days extra fees may be added up to 2.5% to the client from the carpet cleaner
3.3b After 30 days payments due can be deferred to a 3rd party by the carpet cleaner which may affect the clients credit rating. Fees will be added to the existing payment due of 2.5% per week.
3.4 Where a party makes a taxable supply under an agreement that party will issue a tax invoice to the recipient of the supply on or before the due date for payment in respect of that supply and the recipient can withhold payment of the GST component on the consideration payable for the supply until it receives that tax invoice.
3.5 There may be a charge for stat days or weekends through a year unless arranged closure is communicated and confirmed by the client and the carpet cleaner.
3.6 Interest on any amount owing will be 2.5% per month or part month 3.7 Any expenses incurred by The Carpet Cleaner Ltd including debt collection and legal costs will be paid by the client
3.8 Without counter claim, deduction or setoff paid in full by the client.
3.9 We may require advanced payment when requested by the Carpet Cleaner Ltd, this can be agreed by the client and deducted by your credit card.
3.10 All credit card payments will incur a 2.5% extra charge to the value of the agreed service provided by The Carpet Cleaner Ltd.
3.11 You agree to us allocating or reallocating any payments received from you to any invoice.
3.12 If the agreement is in relation to insurance and a preferred supplier agreement applies then the insurance provider will be responsible for payment unless the claim has been turned down then the client becomes the instigator of the agreement.
3.13 Whenever a third party is expected to pay for our services and reimburse you and that fails you will be responsible for payment.
3.14 If we are deemed liable to you for any loss or damage of any kind arising from services provided you agree our total liability is for the value of the services provided that includes consequential loss suffered by you or any sub sequential entity whether in contract tort or otherwise.
3.15 Where we provide you with a quote:
- the quote will replace all prior estimates;
- unless otherwise agreed in writing, the quote will be valid for thirty (30) days from the date of issue;
- the price will be exclusive of GST, unless stated otherwise;
- you are solely responsible for the accuracy of information on which the quotation is based;
- you will be responsible for increased costs or receive the benefit of decreased costs resulting from any subsequent changes to the quote due to inadequate or inaccurate information, provision of additional services requested or requested alterations; and
- we have the right to alter the quote because of circumstances beyond our control or clerical or computer error.
3.16 Where we provide you with an estimate:
- the estimate will be exclusive of GST, unless stated otherwise;
- we will not be bound to provide the services at the estimated price;
- you agree to pay for extra or increased costs where additional services are required or you request alterations
The price is the cost of the services as agreed between you and us from time to time including GST and out of pocket expenses. You agree to reasonable changes in the price at any time.
If no price is stated in writing or orally agreed, the price will be the cost that we provide the services at the time of your request, subject to reasonable changes.
3.1 A tax invoice will be provided to the client in an acceptable form to the client.
3.2 The fee agreement will be fixed and only be adjusted as agreed only by both parties.
3.3 The principal or client will pay the fee or the amount agreed to and set out in the tax invoice within 3 days of receipt of the invoice.
3.3a After 21 days extra fees may be added up to 2.5% to the client from the carpet cleaner
3.3b After 30 days payments due can be deferred to a 3rd party by the carpet cleaner which may affect the clients credit rating. Fees will be added to the existing payment due of 2.5% per week.
3.4 Where a party makes a taxable supply under an agreement that party will issue a tax invoice to the recipient of the supply on or before the due date for payment in respect of that supply and the recipient can withhold payment of the GST component on the consideration payable for the supply until it receives that tax invoice.
3.5 There may be a charge for stat days or weekends through a year unless arranged closure is communicated and confirmed by the client and the carpet cleaner.
3.6 Interest on any amount owing will be 2.5% per month or part month 3.7 Any expenses incurred by The Carpet Cleaner Ltd including debt collection and legal costs will be paid by the client
3.8 Without counter claim, deduction or setoff paid in full by the client.
3.9 We may require advanced payment when requested by the Carpet Cleaner Ltd, this can be agreed by the client and deducted by your credit card.
3.10 All credit card payments will incur a 2.5% extra charge to the value of the agreed service provided by The Carpet Cleaner Ltd.
3.11 You agree to us allocating or reallocating any payments received from you to any invoice.
3.12 If the agreement is in relation to insurance and a preferred supplier agreement applies then the insurance provider will be responsible for payment unless the claim has been turned down then the client becomes the instigator of the agreement.
3.13 Whenever a third party is expected to pay for our services and reimburse you and that fails you will be responsible for payment.
3.14 If we are deemed liable to you for any loss or damage of any kind arising from services provided you agree our total liability is for the value of the services provided that includes consequential loss suffered by you or any sub sequential entity whether in contract tort or otherwise.
3.15 Where we provide you with a quote:
- the quote will replace all prior estimates;
- unless otherwise agreed in writing, the quote will be valid for thirty (30) days from the date of issue;
- the price will be exclusive of GST, unless stated otherwise;
- you are solely responsible for the accuracy of information on which the quotation is based;
- you will be responsible for increased costs or receive the benefit of decreased costs resulting from any subsequent changes to the quote due to inadequate or inaccurate information, provision of additional services requested or requested alterations; and
- we have the right to alter the quote because of circumstances beyond our control or clerical or computer error.
3.16 Where we provide you with an estimate:
- the estimate will be exclusive of GST, unless stated otherwise;
- we will not be bound to provide the services at the estimated price;
- you agree to pay for extra or increased costs where additional services are required or you request alterations
Variations to the Service
4.1 The client at any time can vary the services by giving notice of no less than 4 hours to The Carpet Cleaner Ltd.
4.2 If the client varies the service then The Carpet Cleaner Ltd and the client will agree to a new varied fee to the cost of the variation before works are completed and, in most cases, started. If the service is performed means the client has accepted the new varied fee.
4.3 If the varied fee is accepted the client may appoint a professional relevant in the field to make an expert opinion on the varied fee, they will act as an expert but not an arbitrator this could be anyone the client identifies to be professional known within the relevant field.
4.4 The relevant expert can be accessed through The Carpet Cleaner if the client wishes with proof of professionalism to the client at no cost.
4.2 If the client varies the service then The Carpet Cleaner Ltd and the client will agree to a new varied fee to the cost of the variation before works are completed and, in most cases, started. If the service is performed means the client has accepted the new varied fee.
4.3 If the varied fee is accepted the client may appoint a professional relevant in the field to make an expert opinion on the varied fee, they will act as an expert but not an arbitrator this could be anyone the client identifies to be professional known within the relevant field.
4.4 The relevant expert can be accessed through The Carpet Cleaner if the client wishes with proof of professionalism to the client at no cost.
Compliance with Statutory Requirements
5.1 The Carpet Cleaner will comply at its own cost with all Statutory requirements and the requirements of any authority, statutory or otherwise having jurisdiction over the services, including but not limited to, the provisions of the Health and Safety in Employment Act 1992 (and any amendment).
5.2 The Carpet Cleaner warrants that it has approval to carry out the service or act with all relevant authorisation (including without limitation any licence required) and registration as a Limited Company.
5.3 In carrying out the service to the Client The Carpet Cleaner takes on board all responsibility for all safety and accident compensation issues including compliance with the Clients directions in relation to all Occupational Health and Safety requirements within our controls.
5.4 The Carpet Cleaner will ensure that all works comply with the requirements of the Building Act 2004.
5.5 The Client in return will provide a safe work environment for The Carpet Cleaner and its contractors to provide the services agreed. Any loss incurred when this is not adhered to will still be paid in relation to non-completion of services when it is deemed to be unsafe for us to complete our services on your site.
5.6 The Carper Cleaner Ltd will ensure that disturbance to the principal or client, the premises (including services to the premises) and the principals or clients tenants at the premises is minimised as much as is practicable having regard to the nature of the services.
5.2 The Carpet Cleaner warrants that it has approval to carry out the service or act with all relevant authorisation (including without limitation any licence required) and registration as a Limited Company.
5.3 In carrying out the service to the Client The Carpet Cleaner takes on board all responsibility for all safety and accident compensation issues including compliance with the Clients directions in relation to all Occupational Health and Safety requirements within our controls.
5.4 The Carpet Cleaner will ensure that all works comply with the requirements of the Building Act 2004.
5.5 The Client in return will provide a safe work environment for The Carpet Cleaner and its contractors to provide the services agreed. Any loss incurred when this is not adhered to will still be paid in relation to non-completion of services when it is deemed to be unsafe for us to complete our services on your site.
5.6 The Carper Cleaner Ltd will ensure that disturbance to the principal or client, the premises (including services to the premises) and the principals or clients tenants at the premises is minimised as much as is practicable having regard to the nature of the services.
Client responsibility
6.1 The client will be responsible for any cancellations of the services if notice is not given, time for quoting, travel and work loss may occur when this happens.
6.2 The client will be asked to have vacuumed and prepared the area for servicing by The Carpet Cleaner Ltd, items will be lifted and removed that are low lying and could hinder the ability to perform our agreed services. A fee will be charged and added to the payment if this delay occurs.
6.3 A fee will be charged and added to the payment when the scope of the agreement details have not been forthwith, this includes variation to services which delays our services such as extra cleaning on the area we are meant to service.
6.4 The client will notify any unsafe areas of work on site such as building materials, pets, and obstacles such as sharp objects or lose fitted furniture or ornaments. Failure may lead to a delay or termination of our services where the client is still liable for payment.
6.5 The client will inform The Carpet Cleaner of any access requirements that may hinder services timing on site such as stairs to the site, pathways or drive on access. This may incur extra fees when not disclosed to The Carpet Cleaner.
6.6 A working and safe power source will be provided by the client and an extraction source such as a basin or toilet.
6.2 The client will be asked to have vacuumed and prepared the area for servicing by The Carpet Cleaner Ltd, items will be lifted and removed that are low lying and could hinder the ability to perform our agreed services. A fee will be charged and added to the payment if this delay occurs.
6.3 A fee will be charged and added to the payment when the scope of the agreement details have not been forthwith, this includes variation to services which delays our services such as extra cleaning on the area we are meant to service.
6.4 The client will notify any unsafe areas of work on site such as building materials, pets, and obstacles such as sharp objects or lose fitted furniture or ornaments. Failure may lead to a delay or termination of our services where the client is still liable for payment.
6.5 The client will inform The Carpet Cleaner of any access requirements that may hinder services timing on site such as stairs to the site, pathways or drive on access. This may incur extra fees when not disclosed to The Carpet Cleaner.
6.6 A working and safe power source will be provided by the client and an extraction source such as a basin or toilet.
Completion
7.1 Completion shall mean:
(A) The services are, in the client’s opinion, completed in accordance to the agreement.
(B) The Carpet Cleaner Ltd has provided to the client any documents and or other information regarding the services reasonably requested by the client or principal usually by email or phone call.
7.2 When The Carpet Cleaner Ltd considers it has reached completion of the services it shall notify the client. The client will then assess to confirm completion then either
(A) Certify the date and time in which the service was completed (the date of completion)
(B) Or advise The Carpet Cleaner Ltd what further services are required for completion as apart of our agreement within 48hrs.
7.3 If The Carpet Cleaner Ltd is unable to reach completion due to an act or an act of the client’s agents, The Carpet Cleaner Ltd will inform the client as soon as possible delay ceasing. Providing notice will give the client time to assess and make a reasonable adjustment to the completion time.
(A) The services are, in the client’s opinion, completed in accordance to the agreement.
(B) The Carpet Cleaner Ltd has provided to the client any documents and or other information regarding the services reasonably requested by the client or principal usually by email or phone call.
7.2 When The Carpet Cleaner Ltd considers it has reached completion of the services it shall notify the client. The client will then assess to confirm completion then either
(A) Certify the date and time in which the service was completed (the date of completion)
(B) Or advise The Carpet Cleaner Ltd what further services are required for completion as apart of our agreement within 48hrs.
7.3 If The Carpet Cleaner Ltd is unable to reach completion due to an act or an act of the client’s agents, The Carpet Cleaner Ltd will inform the client as soon as possible delay ceasing. Providing notice will give the client time to assess and make a reasonable adjustment to the completion time.
Indemnity
In these clause liabilities means all claims, suits, demands, damages, losses, expenses, and costs of other liability
8.1 The Carpet Cleaner Ltd is liable for and indemnifies the Client or Principal against all direct liabilities as a result of;
(A) Personal injury or the death of any personnel
(B) Or the loss of or damage to any property, including to the principal.
Rising out of or in connection with;
(A) A breach of contract or agreement by The Carpet Cleaner Ltd or its personnel.
(B) Negligence or wilful default by The Carpet Cleaner Ltd or its Personnel in works.
8.2 The indemnity shall be apportioned between The Carpet Cleaner Ltd and the Client to the extent that such liabilities have occurred as a direct result of the negligent act, omission or wilful default of the Client.
8.3 The indemnities given by The Carpet Cleaner Ltd under this agreement are continuing obligations and remain in force and effect after the end of the agreement (where necessary to give effect to the indemnities provided herein.)
8.4 Notwithstanding anything else in this agreement, The Carpet Cleaner Ltd shall not be liable for:
(a) Any indirect, consequential, special or economic loss (any loss not attributed to physical or personal loss of damage), cost, liability, damage or expense howsoever rising.
(b) Any loss or damage, including loss or damage resulting from or in any delay due to any cause beyond the control of The Carpet Cleaner Ltd including but not limited to, lack of shipping space, embargo, act of Government, industrial action, variation in electrical quality, act of god, or other force majuere event.
8.5 All indemnities and/or compensation will be in line with the Insurance section below.
8.1 The Carpet Cleaner Ltd is liable for and indemnifies the Client or Principal against all direct liabilities as a result of;
(A) Personal injury or the death of any personnel
(B) Or the loss of or damage to any property, including to the principal.
Rising out of or in connection with;
(A) A breach of contract or agreement by The Carpet Cleaner Ltd or its personnel.
(B) Negligence or wilful default by The Carpet Cleaner Ltd or its Personnel in works.
8.2 The indemnity shall be apportioned between The Carpet Cleaner Ltd and the Client to the extent that such liabilities have occurred as a direct result of the negligent act, omission or wilful default of the Client.
8.3 The indemnities given by The Carpet Cleaner Ltd under this agreement are continuing obligations and remain in force and effect after the end of the agreement (where necessary to give effect to the indemnities provided herein.)
8.4 Notwithstanding anything else in this agreement, The Carpet Cleaner Ltd shall not be liable for:
(a) Any indirect, consequential, special or economic loss (any loss not attributed to physical or personal loss of damage), cost, liability, damage or expense howsoever rising.
(b) Any loss or damage, including loss or damage resulting from or in any delay due to any cause beyond the control of The Carpet Cleaner Ltd including but not limited to, lack of shipping space, embargo, act of Government, industrial action, variation in electrical quality, act of god, or other force majuere event.
8.5 All indemnities and/or compensation will be in line with the Insurance section below.
Insurance
9.1 The Carpet Cleaner Ltd will effect from the commencement date and maintain until the Date of completion an acceptable quality insurer.
(a) Public liability insurance for not less than NZD$2000000. In respect of any single event; and
(b) Workers compensation and employers liability insurance in accordance to the applicable awards or legislation.
9.2 The Carpet Cleaner Ltd at the request of the Client will provide any information required by the Client to complete any proposal for a policy of insurance to be effected by the client in respect to the service.
9.3 The Carpet Cleaner Ltd can provide to the client evidence at the time of the agreement and at any time during the agreement currency of insurances and terms requested.
9.4 Within one week after The Carpet Cleaner Ltd becomes aware of any event that may give rise to an insurance claim against, or which might affect rights under The Carpet Cleaner Ltd’s Insurance policies The Carpet Cleaner Ltd must;
(c) Notify the client in writing the claim; and
(d) Give the client any further information regarding the claim as the client may require.
9.5 In instances where damage has occurred and liability lies with the Carpet Cleaner Ltd, our insurer will likely determine the market replacement value of the item/good. This is what will be paid to clients and no more to settle any damages
(a) Public liability insurance for not less than NZD$2000000. In respect of any single event; and
(b) Workers compensation and employers liability insurance in accordance to the applicable awards or legislation.
9.2 The Carpet Cleaner Ltd at the request of the Client will provide any information required by the Client to complete any proposal for a policy of insurance to be effected by the client in respect to the service.
9.3 The Carpet Cleaner Ltd can provide to the client evidence at the time of the agreement and at any time during the agreement currency of insurances and terms requested.
9.4 Within one week after The Carpet Cleaner Ltd becomes aware of any event that may give rise to an insurance claim against, or which might affect rights under The Carpet Cleaner Ltd’s Insurance policies The Carpet Cleaner Ltd must;
(c) Notify the client in writing the claim; and
(d) Give the client any further information regarding the claim as the client may require.
9.5 In instances where damage has occurred and liability lies with the Carpet Cleaner Ltd, our insurer will likely determine the market replacement value of the item/good. This is what will be paid to clients and no more to settle any damages
Standard of Services
10.1 If at any time the services or any materials or goods used by The Carpet Cleaner Ltd in connection with the services are not in accordance with this agreement, the client may direct The Carpet Cleaner Ltd to replace, correct, remove or vary it at no cost to the client. Failing compliance with such a direction the client may engage another contractor to carry out the work, the cost of which will be a debt due from The Carpet Cleaner Ltd to the principal. However, a quote must be supplied prior to the commencement of the work by another party and The Carpet Cleaner Ltd must agree to the quote.
The Carpet Cleaner Ltd does guarantee its work unless otherwise stated, in cases such as difficult stain removal where prior attempts to remove stain may or may not have caused further issues.
10.2 Alternatively the client may accept the defective work, materials or goods and reduce the amount payable to The Carpet Cleaner Ltd, by the client’s estimate of the amount of any loss suffered by the client this action must be justified and fair.
Design
The Carpet Cleaner Ltd will ensure that any design, program or plan prepared by The Carpet Cleaner Ltd will;
(a) Be fit for its intended purpose
(b) Be efficient and economical in use
(c) Meet any statutory requirements and any requirements of this agreement; and
(d) Not infringe any industrial or intellectual property rights.
The Carpet Cleaner Ltd does guarantee its work unless otherwise stated, in cases such as difficult stain removal where prior attempts to remove stain may or may not have caused further issues.
10.2 Alternatively the client may accept the defective work, materials or goods and reduce the amount payable to The Carpet Cleaner Ltd, by the client’s estimate of the amount of any loss suffered by the client this action must be justified and fair.
Design
The Carpet Cleaner Ltd will ensure that any design, program or plan prepared by The Carpet Cleaner Ltd will;
(a) Be fit for its intended purpose
(b) Be efficient and economical in use
(c) Meet any statutory requirements and any requirements of this agreement; and
(d) Not infringe any industrial or intellectual property rights.
What if I want to vary or cancel a request for services?
11.1 All requests from you constitute a binding agreement subject to these terms. If you wish to cancel or vary an order and we have reasonably relied on your original instructions, you will still be responsible for payment of the price of the request.
When will our services be provided?
12.1 We will use our best reasonable endeavours to provide our services on the date and time agreed between you and us. The time and date of provision is not an essential term of our agreement and we accept no liability for default or delay. We may incrementally provide services listed in one invoice.
When may we cancel this agreement?
13.1 We have the right by notice to suspend or cancel any part of any agreement for the provision of services to you if you default by:
- failing to pay or indicating you will not pay any sumowing by the due date;
- any of your creditors seizing or indicating they will seize your property;
- being bankrupted, insolvent, under statutory management or put into liquidation;
- a receiver being appointed over or a landlord possessing any of your assets;
- a court judgment entered against you remaining unsatisfied for seven (7) days;
- breaching the terms of this agreement; and
- an adverse material change in your financial position.
13.2 Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension, damages for any breach of your obligations under this agreement and any other legal rights we may have.
Upon cancellation of this agreement any amount owed by you for work done up to and including the date of cancellation will become due and current orders terminate.
- failing to pay or indicating you will not pay any sumowing by the due date;
- any of your creditors seizing or indicating they will seize your property;
- being bankrupted, insolvent, under statutory management or put into liquidation;
- a receiver being appointed over or a landlord possessing any of your assets;
- a court judgment entered against you remaining unsatisfied for seven (7) days;
- breaching the terms of this agreement; and
- an adverse material change in your financial position.
13.2 Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension, damages for any breach of your obligations under this agreement and any other legal rights we may have.
Upon cancellation of this agreement any amount owed by you for work done up to and including the date of cancellation will become due and current orders terminate.
Does a personal guarantee apply?
14.1 If you are a director of a company or the trustee of a trust:
- in exchange for us agreeing to provide services and grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
- any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
- in exchange for us agreeing to provide services and grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
- any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
What else are you agreeing to?
15.1 We may outsource (contract out) part of the work required to provide the services. You agree to pay for all amounts due in connection with the outsourcing.
15.2 We own all existing and new intellectual property rights connected to the services and documentation associated with the same.
15.3 You agree that your failure to pay for goods and services by the due date gives rise to a legal or equitable estate or interest (“ the interest” ) in your land on which the goods and services were carried out and affixed and that the interest entitles us to register a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof. A caveat is a notice registered against the title of your land, which informs anyone who searches that title that we have a right to or interest in that land.
15.4 If we fail to enforce any of the terms of this agreement it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement.
15.5 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
15.6 This is the entire agreement superseding all prior agreements, representations and warranties. Any instructions we receive from you will be subject to this agreement.
15.7 If any dispute or issue arises between you and us we must be notified within seven (7) days of the date our services were completed. Any material subject to a claim must not be destroyed and must not be removed from the address where the services were provided until we have inspected the material or waived our right to do so.
15.8 Documentation related to this agreement may be served on you by email.
15.9 Any reasonable general change we make to these terms will be published on our website, all other variations must be made by agreement in writing.
15.2 We own all existing and new intellectual property rights connected to the services and documentation associated with the same.
15.3 You agree that your failure to pay for goods and services by the due date gives rise to a legal or equitable estate or interest (“ the interest” ) in your land on which the goods and services were carried out and affixed and that the interest entitles us to register a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof. A caveat is a notice registered against the title of your land, which informs anyone who searches that title that we have a right to or interest in that land.
15.4 If we fail to enforce any of the terms of this agreement it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement.
15.5 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
15.6 This is the entire agreement superseding all prior agreements, representations and warranties. Any instructions we receive from you will be subject to this agreement.
15.7 If any dispute or issue arises between you and us we must be notified within seven (7) days of the date our services were completed. Any material subject to a claim must not be destroyed and must not be removed from the address where the services were provided until we have inspected the material or waived our right to do so.
15.8 Documentation related to this agreement may be served on you by email.
15.9 Any reasonable general change we make to these terms will be published on our website, all other variations must be made by agreement in writing.