Protect Your Bond Terms and Conditions
1 Definitions and interpretation
- 1.1 Definitions:
Full Payment means the whole of the amounts set out in the Order Form and payable by you to us under these terms and conditions.
GST means the tax imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related tax imposition Acts of the Commonwealth of Australia.
Instalment Payment means each monthly instalment or part of a monthly instalment which when added together will equal the Full Payment.
Order Form means the document setting out the services you have selected and the payment period applicable. The Order Form forms part of these terms and conditions. In the event of any inconsistency between the Order Form and these terms and conditions, the Order Form shall prevail.
Services means the services described in clause 2.
Us, ours means Protect Your Bond Pty Ltd A.C.N. 643 650 480.
You, Yours means the person who has accepted these terms and conditions and includes your heirs, successors and assigns. Where two or more people or entities have agreed to these terms and conditions, then they shall all be bound by these terms and conditions, and in the case of any breach or default shall be jointly and severally liable to us.
In this agreement:
- (a) headings are for convenience only and do not affect interpretation;
- (b) the singular includes the plural and conversely, and a gender includes all genders; and
- (c) "including" and similar expressions are not words of limitation.
- (a) Upon receipt of the full payment, we must perform the Services in accordance with this agreement.
- (b) We must perform the Services to the standard of care and diligence expected of a reasonably competent and diligent cleaning service, and in accordance with all applicable laws and regulations.
- (c) We may subcontract part or all of the Services and you cannot object to our choice of subcontractor.
- (d) You must ensure that the premises is vacated and clear of all furniture, appliances, personal belongings, moveable chattels and pets and leave the property in a safe condition. If you know or suspect that the premises is not safe to enter or occupy for any reason, you must inform us, in which case, we may choose not to complete the Services.(e) The Services are listed in the Order Form.
- (a) You must pay all of the Instalment Payments.
- (b) You must make payments in equal monthly instalments (unless provided for otherwise on the Order Form).
- (c) The first Instalment Payment is due upon accepting these terms and conditions. Subsequent Instalment Payments are due each 30 days after the first instalment payment, until you have made Full Payment. You may elect to make payments more regularly than monthly.
- (d) We must provide receipts to you for each Instalment Payment you have made.
- (e) Full Payment shall be the sum of all payments made which are required to be made under these terms and conditions and the Order Form.
- (f) Upon receipt of Full Payment, we will provide a tax invoice showing the Full Payment received and the GST component.
- (g) All payments are to be made in Australian dollars only and shall be considered received by us when they appear in our nominated bank account as cleared funds.
4 Cancellation Policy
- (a) You may cancel this agreement at any time by giving notice in writing to our nominated email or postal address. This will have the effect of you terminating this agreement.
- (b) If you terminate this agreement or we lawfully terminate this agreement before you have made payments that equal 25% of the Full Payment, then you agree that we are not required to refund any of the money you have paid to us under this agreement. The monies paid to us under this agreement are forfeited to us absolutely, and the agreement will be at an end.
- (c) If you terminate this agreement or we lawfully terminate this agreement after you have made payments that equal 25% or more of the Full Payment, then we will refund 50% of the value of payments made by you to the date of termination, and the remainder shall be forfeited to us absolutely, and the agreement will be at an end.
- (d) You agree that the funds forfeited under this clause represents a fair estimate of our likely loss of profit and other costs incurred, and is not imposed as a penalty.
- (a) We will keep your personal information private.
- (b) You authorise us to photograph the inside of the property prior to and after the Services are provided so that we can record the condition of the property prior to and after the Services.
6 No Guarantee of Outcome
- (a) We do not guarantee that the Services will result in all or any of your bond being fully refunded.
7 Warranties, indemnity and insurance
(a) We warrant that:
- (i) we will perform the Services with a high standard of care and diligence and in accordance with all applicable laws, regulations, codes of practice, national standards and applicable ethics and other regulatory approvals; and
- (ii) we have the necessary skills, experience, qualifications, resources, capacity and know-how to supply the Services.
(b) You warrant that:
- (i) You have not relied on any representations or advice from us or the property manager in relation to the Services;
- (ii) You are authorised to make any payments made under this agreement;
- (iii) You will not leave the property in an unsafe condition prior to us carrying out the Services;
- (iv) You are either the tenant of the property or you have the authority of the tenant of the property to enter into this agreement;
- (v) to the best of your knowledge, neither you nor any of your invitees have committed criminal offences at or from the property; and
- (vi) The contact details you have provided are correct, and you will provide updated contact details to us should they change.
(c) You release and indemnify us and our officers, employees, contractors and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against us, whether on our own or jointly and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss), arising out of:
- (i) a breach of any of your warranties or obligations contained in this agreement; or
- (ii) our performance of the Services, other than in relation to any action, claim, proceeding or demand which arises due to our wilful misconduct or unlawful conduct.
(d) We must at our own cost take out and maintain all necessary or prudent insurances in relation to the Services.
8 Term and termination
- (a) This agreement commences on your acceptance of these terms and conditions and continues in force:
- (i) until we perform the Services; or
- (ii) we lawfully terminate this agreement because of your default; or
- (iii) you terminate this agreement.
- (b) Clauses 2(d), 3, 7(b)(ii), 7(b)(iv) are essential terms. Any breach of clauses 2(d), 3, 7(b)(ii), 7(b)(iv) by you shall entitle us to terminate this agreement without further notice in which case clause 4 shall apply.
9.1 Entire agreements
This agreement together with the Order Form contains the entire agreement between the parties as to its subject matter and may only be amended by agreement in writing.
Notices must be given to the parties’ addresses set out in the Order Form or as otherwise notified by the parties in writing and must be delivered by email or prepaid post. Notices will be deemed to have been received:
- (a) if sent by email — 15 minutes after the email is recorded on the sender’s device as sent; or
- (b) if sent by prepaid post — three business days after posting.
9.3 No assignment
You must not assign any of its rights or obligations under this agreement without our prior written consent.
9.4 No waiver
No delay or indulgence by us in enforcing this agreement will prejudice or restrict our rights, nor will a waiver of those rights operate as a waiver of a subsequent breach.
9.5 No relationship
Nothing in this agreement may be construed as creating a relationship of partnership, joint venture, employment, principal and agent or trustee and beneficiary.
If any provision of this agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.
This agreement is governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
We agree to perform the Services and you agree to make the payments, on the terms of this agreement.
By selecting ‘I Agree’ you are to taken have signed this agreement.