Terms and Conditions

These terms apply to house washing, roof cleaning, driveway cleaning, gutter cleaning and high pressure cleaning carried out by Brisbane Roof Cleaners.

Introduction

Brisbane Roof Cleaners (the Provider) will perform the services as described in these terms for the party sent a quote by Brisbane Roof Cleaners (the Customer). Information on the services we provide is available at brisbaneroofcleaners.com.au.

Cancellation policy

Please thoroughly read our cancellation policy at our cancellation policy.

Payment policy

Payment can be made via credit card or cash on site. Credit cards will be charged once the work is complete. Late payments will incur a charge of 15% of the total bill once the account exceeds 30 days.

We accept Visa and Mastercard via credit card or debit card. Payment will be made via a secure payment URL during the booking process. A booking can be made and paid for up to 12 months in advance. Once payment has been made, an invoice will be emailed to your allocated booking email address.

How to contact us

Scope

The parties agree that the scope of work is Brisbane Roof Cleaners performing all works outlined within the confirmed quote sent by Brisbane Roof Cleaners.

When the agreement becomes legal

The agreement will form an agreement between the parties when the Customer executes the agreement.

What will be delivered and when

Subject to the agreement, the Provider will supply deliverables to the Customer in accordance with the scope.

The Customer acknowledges and agrees that certain parts of the site may be inaccessible to the deliverables, and that the Provider may deem certain parts of the site unable to be cleaned at its discretion.

Customer responsibilities

The Customer agrees and acknowledges that the likelihood of damage to property is reduced significantly if the Customer is present during the provision of the deliverables. If the Customer chooses not to be present, the Customer does so at its own risk.

The Customer agrees and acknowledges that it is the sole responsibility of the Customer to eliminate all gaps on the exterior of a structure that could allow the omnidirectional spray required for the deliverables to spray into the interior of a structure.

The Customer agrees and acknowledges that only the Provider will provide the deliverables, and that the Customer will not participate in the provision of the deliverables.

Customer obligations

The Customer will cooperate reasonably and in good faith with the Provider. In order to fulfil this obligation, the Customer agrees without limitation to:

perform in a timely manner any tasks reasonably necessary to enable the Provider to provide the deliverables;
inform the Provider of all matters necessary for it to provide the deliverables;
provide the Provider with directions or instructions at the Provider's request;
provide the Provider with such access to sites, files and data as is necessary to safely deliver and, where required, install the deliverables;
provide the Provider with such licences as are necessary to provide the deliverables;
deliver any Customer deliverables and other Customer obligations that the parties agree to in writing from time to time; and
respond in a timely manner to the Provider's enquiries related to the deliverables.

Information and errors

There may be technical or administrative errors in a quote or other informational materials provided by the Provider, including but not limited to errors with respect to product description, pricing and availability. Where the Customer makes an order or payment based on erroneous information, the Provider may, with notice to the Customer, cancel the order and refund any payment made in respect of it.

Timeframes

Any timeframe given by the Provider in respect of the delivery of the deliverables, including in the scope, is indicative only, and is not binding on the Provider unless the Provider specifies that it is binding in writing.

Changes to deliverables by the Customer

After the Customer has directed the Provider to provide deliverables, and prior to the delivery of deliverables, the Customer may only direct the Provider to change the deliverables with the Provider’s written agreement.

The Customer acknowledges that a change in deliverables at its direction may result in a change in fees and charges payable to the Provider, and in the delivery timetable.

Cancellation

The Provider does not offer refunds upon cancellation of delivery of deliverables by the Customer before delivery of deliverables is complete.

Cancellation fee

Any cancellation or reschedule made less than 48 hours before the booking will result in a cancellation fee. The amount of the fee will be equal to 50% of the complete service quoted or $120, whichever is greater. Please refer to our cancellation policy at our cancellation policy.

Non-delivery

The Provider reserves the right not to deliver certain deliverables if the suppliers of those deliverables to the Provider fail to procure them. The Provider will provide the Customer with written notice of the undelivered deliverables at the earliest practicable date. The Customer will not be liable to pay for undelivered deliverables and will be entitled to a refund for amounts paid in respect of those undelivered deliverables.

Access

If the Provider is unable to provide deliverables because of an act or omission of the Customer, including the non-provision of proper access to the site, the Provider may terminate the agreement with immediate effect.

Photographs

We may take before-and-after photos of the exterior of your property for our records and quality checks. If you tick the marketing box on the booking form, you also allow us to use those photos in our advertising.

We will never show faces, street numbers or interiors. You can withdraw marketing consent at any time by emailing us and we will stop using the photos in new material. Photos already published may remain in material that is already out.

Faults in deliverables

If the Customer, acting reasonably, finds the deliverables to be faulty, the Provider agrees to rectify them within a reasonable time at its own expense. Small deviations from the scope will not entitle the Customer to reject deliverables. However, if any such fault is caused by the Customer’s direction to change the deliverables, the rectification shall be at the Customer’s expense.

Nothing in this clause affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.

Additional work

If the Customer requires the Provider to do additional work outside the scope of agreed deliverables, the Provider may charge the Customer for the out of scope work in addition to the deliverables.

If the Provider determines at its sole and absolute discretion that the requirement for any out of scope work is caused by the fault or error of the Provider, the Customer shall not pay for that additional work.

Timing for payment of fees

GST

The Customer is responsible for paying all government charges or duties of any kind incurred in or in connection with the Provider’s provision of credit, or supply of deliverables. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.

When payment is deemed to be made

Payment will be deemed to have been made when the Provider has received cleared funds in its bank account.

Failure to pay

If the Customer fails to pay the Provider any amount under the agreement on the due date for payment, the Provider may immediately do any or all of the following, without any liability, until all overdue fees are paid:

charge the Customer interest on the overdue amount at 5% above the Reserve Bank of Australia cash rate;
suspend the Customer's use of any or all of the deliverables;
terminate the agreement without any obligation to refund the Customer any money in respect of the cancellation, even if the contractual term of the agreement has not expired;
initiate proceedings against the Customer to recover the overdue amount, despite any dispute resolution clause in the agreement; and
recover all costs in relation to any action taken against the Customer to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.

The Provider's set-off rights

The Provider, after having demanded payment of a sum overdue, may apply any payment paid by the Customer against the Provider’s costs and disbursements in recovering the sum due, any interest accrued, or the amount overdue.

The Provider may at any time set off any amount the Customer owes to the Provider against any amount the Provider may then owe to the Customer.

Exclusion of express warranties

Except as expressly provided in the agreement, the Provider makes no warranties or guarantees that any structure on the site has been checked for resistance to the omnidirectional spray used for the deliverables.

Limitations, exclusions and indemnities subject to the law

All limitations, exclusions and indemnities in the agreement are subject to non-excludable conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.

Exclusion of implied conditions

To the fullest extent available under the law, the Provider excludes all implied guarantees, conditions and warranties from the agreement and the deliverables, except any non-excludable condition.

Limitation of liability

The Provider excludes all other liability to the Customer for any costs, including consequential loss, suffered or incurred directly or indirectly by the Customer in connection with the agreement or the deliverables, including in connection with:

reliance on the Provider's advice;
technical advice, modelling or calculations provided by the Provider;
the Customer's or its personnel's failure to follow the Provider's advice or instructions;
the Customer's failure to provide sufficient access or accurate information for the Provider to provide the deliverables;
failure of any third party component including, without limitation, equipment, materials, tools or power failure;
the Customer's failure to observe proper safety measures and procedures;
the delivery, setup and installation of deliverables;
the use, or breakdown, of equipment;
any harm to or claim by a third party in connection with the deliverables;
any personal injury or death arising directly or indirectly in connection with the agreement;
any loss or damage to property arising directly or indirectly in connection with the agreement, including from water damage caused by the deliverables;
any unauthorised activity in relation to the deliverables;
the Customer's use of or reliance on the deliverables for a purpose other than the business purposes of the Customer or the reasonably expected purpose of the deliverables;
any act or omission of the Provider, its personnel or any related body corporate under or in relation to the agreement;
the Provider's breach of the agreement;
the termination of the agreement;
the Customer's failure to fulfil its obligations under the agreement; and
any delay in the provision of the deliverables.

The foregoing limitation applies however the costs are caused, whether they arise in contract, tort (including by the Provider’s negligence), or under statute.

Operation of compulsory conditions

Where a non-excludable condition is deemed to apply, to the fullest extent possible under the law, the Provider limits its liability for any breach to, in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair; and in the case of deliverables, the re-supply of the deliverables affected by the breach or the payment of the cost of such re-supply.

General indemnity

The Customer indemnifies the Indemnified against all costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the agreement or the Customer’s use of the deliverables.

Specific indemnities

Without limiting the generality of the general indemnity, the Customer indemnifies the Indemnified against any costs arising directly or indirectly from:

the Customer's breach of the agreement;
the Provider's enforcement of its rights in connection with the agreement, including legal costs on a full indemnity basis;
any harm to, claim or action by a third party arising directly or indirectly from the Customer's use of the deliverables;
any personal injury or death arising directly or indirectly out of the Customer's conduct;
any damage to property arising directly or indirectly out of the Customer's conduct;
any negligent or unlawful act or omission by the Customer in connection with the deliverables;
the Provider's or a third party's reliance on a misleading representation made by the Customer; and
a contract in force between the Customer and a third party connected with the deliverables.

Conditions of indemnity

The Indemnified may make a claim under indemnities in the agreement in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.

The indemnities in the agreement shall be in addition to any damages for breach of contract to which the Provider may be entitled. Nothing in the indemnities will be construed so as to prevent the Provider from claiming damages in relation to the Customer’s breach of any term of the agreement.

Each indemnity in the agreement is a continuing obligation, separate and independent from the other obligations of the parties, and survives termination of the agreement for whatever reason.

Communications

Communications must be in writing. Either party may serve any communication on the other party by sending it to that party’s email address. A communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.

Relationship of parties

The relationship of the parties under the agreement does not form a joint venture, partnership or agency, or create any form of employment relationship. The relationship of the Provider and the Customer under the agreement is that of independent contractor and principal. No act or omission of either party is to bind the other party except as expressly set out in the agreement.

Governing law

The laws of Queensland govern the agreement. Each of the parties submits to the non-exclusive jurisdiction of courts with jurisdiction there.

Amendment

The agreement may only be amended by an agreement in writing duly executed by each party.

Definitions

Agreement means the legally binding agreement embodied in this document entitled Terms of Business.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Communication means any written communication, including each notice, consent, approval, request and demand, under or in connection with the agreement.
Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Cost or Costs means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.
Customer means the party sent a quote by Brisbane Roof Cleaners.
Deliverables means the deliverables that the Provider is in the business of providing.
Indemnified means the Provider and its directors, employees, contractors and agents.
Non Excludable Condition means any guarantee, condition or warranty, such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth), which cannot by law be excluded.
Provider means Brisbane Roof Cleaners.
Scope means the section of this document entitled Scope.
Site means the geographical location upon which the deliverables are provided by the Provider.

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