1. Entire Agreement

 

These Terms and Conditions apply to the provision of services by Roachworks (Roachworks, we, us, our), to you as a Customer of our Services (Customer, you, your) and together referred to as the parties under this agreement (Agreement).

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These Terms and Conditions cover everything connected with the provision of the Services.

 

To the extent permitted by law, Roachworks expressly excludes all warranties, guarantees, representations and conditions except as described by us to you in these Terms and Conditions.

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By accepting our offer to provide the Services, you are agreeing to these Terms and Conditions

 

2. Provision of the Services

 

a. We agree to provide the Services to you subject to these Terms and Conditions.

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b. If we cannot provide the Services to you, we will immediately notify you and provide the reasons as to why the Services cannot be provided and provide a refund to you for any Services not provided.

 

Possible reasons as to why Services can’t be provided include but are not limited to:

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i.  Site access constraints

ii. Site health and safety concerns

iii. Service technician safety issues

iv. Non-payment for services

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c. You must provide access to the Service Address so that we can provide the Services and where directed, must ensure that all persons leave the vicinity where the Services are to be provided. If you fail to give us access to the Service Address, we will then be entitled to the value for that service.

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d. You must ensure that the Service Address is always a safe working environment and, to the extent permitted by law, you must indemnify us for any loss or damage that we may suffer where you fail to do so.

 

3. Service Effectiveness

 

We are obliged to use reasonable endeavours to provide the Services and we will provide the Services in a competent and professional manner considering the Terms and Conditions of our Agreement.

 

The ongoing effectiveness of the Services provided depends on your implementation of our recommendations.

 

You acknowledge that our Services may also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.

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If, after we have provided the Services, you feel that the Services have not been effective, we will return for free to assess the situation. There are two remedies we can offer:

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1. We may have to fill or block cracks or other penetrations through which the cockroaches are entering. You pay for this work at $50 per hour which includes labour and filling materials.

 

2.  We may have to apply more of the same products, or different products, at no charge to you.

 

4. Payment and Trading Terms

 

a. All Services are to be paid for in advance at the time of booking or via EFTPOS / credit card on the day of the Service before we start. Note that we do not store any of your bank or credit card information.

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b. We have no obligation to fulfil our service to you if payment has not been received.

 

5. Limitation of Liability

 

To the extent permitted by law:

 

a.  where a claim relates to a guarantee or warranty under the Australian Consumer Law, our liability to you under this agreement, whether in contract, tort (including, without limitation, negligence) or otherwise is limited to the cost of supplying those Services again, or refunding your money, whichever may be determined in our absolute discretion to be appropriate in the circumstances.

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b. in all other circumstances, our liability to you (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the total fees received by us from you pursuant to this agreement and furthermore we are not liable for any claims made for injury, loss or damage whether caused negligently or otherwise to you or your property, or to any third party as a consequence of providing the Services

 

6. Statutory Warranty

 

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law.

 

For major failures with the Services, indicated by no discernible difference between the number of visible cockroaches prior to the Services and the number of visible cockroaches after the Services, despite our further efforts to provide the Services after a reported failure, you are entitled to a full refund for the Services.

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If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and in a manner determined by us, as outlined in Clause 3.

 

7. Services Warranty Claim

 

If you have a problem with our Services or believe that our Services have not been effective, please call us on 1 800 717 395 to arrange a convenient time for the Services to be inspected. Potential remedies are explained in Clause 3 above.

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8. Inability to Deliver Services

 

To the extent permitted by law, we will not be responsible for failure to meet our contractual obligations if the failure results directly or indirectly from a cause beyond our control.

 

9. Privacy

 

Subject to us complying with the Privacy Act 1988, you authorise us to collect your personal information to enable us to provide the Services including for internal administration, operational purposes, market and customer satisfaction research and to comply with legislative and regulatory requirements. If you do not provide your personal information, we may not be able to provide you with our Services.

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10. Governing Law

 

This agreement is subject to the laws of New South Wales, Australia and the parties submit to the jurisdiction of this State.

 

11. Definitions

 

For these Terms and Conditions:

 

Agreement – means our offer of services to you and your acceptance of that offer subject to these Terms and Conditions

 

Roachworks - means Thomas Murray, the founder of Roachworks and a sole trader trading under the business name ‘Roachworks’

 

Customer - means the person or entity purchasing the Services

 

Service Address - means the address of the premises where we are providing the Services;

 

Service Price - means the agreed price for the Services

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Services - means the Roachworks cockroach treatments and any other services provided under the Agreement