1.0 Magic Tree Services
Subject to the terms of this Agreement, Magic Tree Services (herein referred to as "MTS") agrees to provide Magic Tree Services (the "Service") to the Customer at an address specified by the Customer (the "Premises").
The Service will be for such tree duties as agreed with the Customer at the time of booking creation.
MTS will provide one or more tree staff (the "arborist") to attend the Premises to provide the Service at a time and date mutually agreed between MTS and the Customer (the "Schedule Time").
MTS endeavours to provide the Service faithfully, diligently and in a timely and professional manner.
2.0 Additions and Amendments
Any changes to the Service to be provided must be agreed by MTS prior to the Schedule Time.
If the Customer requires any additional services or variations at the time the Service is being performed, the Customer must first contact MTS by telephone, who may agree to provide the additional services in its absolute discretion. The arborist is not authorised to agree to any changes to the Service being provided. The Customer must not request such changes directly from the arborist.
3.0 Customer Representations and Warranties
The Customer represents and warrants that:
a. it will provide a safe working environment at the Premises for the MTS Personel to perform the Service;
b. the MTS Personel will have unencumbered and unobstructed access to those areas of the Premises requiring the Service;
c. it will provide the MTS Personel with access to all services and utilities as required by the MTS Personel to provide the Service;
d. it will provide all usual and necessary security equipment and materials required by the MTS Personel to provide the Service, unless other arrangements have been made with MTS;
e. all MTS equipment and materials provided by the Customer are safe, have not been tampered with and are in full working order;
f. it will advise MTS prior to the commencement of the Service of any hazards, slippery surfaces, risks or dangers, defective devices, barriers or unsecured at the Premises;
g. it is authorised to use the Premises and obtain the provision of Service;
h. if the Customer requires the MTS Services in difficult access areas or if space is obstructed, it will move all necessary items prior to the commencement of the Service; and
i. it will secure or remove any fragile, delicate, breakable or valuable items, prior to the commencement of the Service.
4.0 Health and Safety Risks
In addition to the obligations and warranties set out in above, the Customer acknowledges and agrees that:
a. the Security Personel is entitled to undertake a job safety analysis before the commencement of any work to assess the health and safety risk at the Premises;
b. the Security Personel may, either before or during the provision of the Service not use or protective apparral or security equipment provided by the Customer if the Security Personel thinks, in their absolute discretion, that the use of such materials or security equipment poses a risk to health and safety.
c. the Security Personel may, either before or during the provision of the Service not provide or cease the provision of the Service where carrying out the Service presents, in the absolute discretion of the Security Personel, a risk to health and safety.
5.0 No Engagement of Security Personel
The Customer acknowledges MTS invests significant resources in recruiting, selecting and training its Personel. Unless MTS gives prior written permission, the Customer must not, directly or indirectly, engage, employ or contract with any MTS Personel to provide tree services to the Customer or any associate of the customer for any period during which services are provided by MTS or for a period within 12 months after the conclusion of any Service.
The Customer acknowledges that MTS may suffer loss and damage, including, without limitation consequential loss, as a result of a breach of this clause by the Customer.
6.0 Job Quotations
The actual price payable by the Customer is calculated on the total number of hours worked by the MTS Personel plus any additional loading.
Any price quoted by MTS is an estimate only based on MTS's experience, without inspection, and based on information provided by the Customer. Subject to this clause, quotes are indicative and valid for a period of 14 days from the date of the quote.
If at the commencement or during the course of providing the Service, it is apparent that the actual cost of the Service will exceed the quote provided by MTS, MTS will provide the Customer with the option to pay an increased fee to complete the Service, or pay the quoted amount without the Service being completed.
The Customer must inform MTS whether any services required are for an 'end of contract term' at the time of quotation.
7.0 Bookings
The Customer may make a booking either in person, by either telephone, fax, email or on the MTS website.
At the time of booking the Customer must provide details of any hazards, known tree issues, risks or dangers located at the Premises;
MTS provides all quotations at the time of booking based on information given by the Customer.
The Customer agrees to provideMTS with their valid credit card and/or details of Bank account at the time of booking, and authorises MTS to debit any card or bank account with an amount equal to any service and/or cancellation fees that may apply under this Agreement.
MTS reserves the right not to accept a booking for any reason.
8.0 Payment Terms
The Customer agrees to pay the price quoted by MTS in full prior to or at the Schedule Time, unless otherwise agreed in advance with MTS.
If no payment has been made by the Schedule Time, MTS will use reasonable endeavours to contact the Customer for payment. In the event that MTS cannot contact the Customer or payment is not made by the Schedule Time, the Customer will be deemed to have cancelled the Service, and the Customer must pay any cancellation fees or charges due.
Payments may be made via credit card, bank transfer, cheque or in cash.
Payments by bank transfer should be made to:
Account Name: Magic Tree Services Pty Ltd
Account BSB:
Account No:
Transaction Ref: Invoice Ref No or Surname/Address
Cheque payments should be made payable to Magic Tree Services Pty Ltd.
9.0 Goods and Services Tax (GST )
Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
If GST is payable in respect of any thing supplied to the Customer under this Agreement, then the amount which the Customer is obliged to pay for that supply (Original Amount) will (subject to the receipt of a valid tax invoice) be grossed up so that MTS receives an amount which, after subtracting the GST liability of MTS, results in MTS retaining the Original Amount.
10.0 Late Payment Fee
Where MTS has agreed to invoice the Customer for payment of fees after the Service has been completed, the Customer agrees to pay in full, all fees due, within 7 days of the invoice date.
The Customer agrees that if MTS has not received payment in full for the Service within one calendar month of the original invoice date then a late payment fee of 5% applies for the first month. Interest will be charged on the fixed rate of 10% per annum on each day that any amount remains outstanding thereafter.
In addition to the amounts set out above, the Customer agrees to indemnify MTS for all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by MTS in connection with a demand, action, or other proceeding (including mediation, out of court settlement or any action taken for recovery of debt from the Customer) arising out of a breach of these terms including the failure by the Customer to pay an amount by the due date.
11.0 Non-appearance
If a MTS Personel fails to attend the Premises within 1 hour of the Schedule Time and does not provide the requested Service, MTS will provide the Customer with either:
a. Full refund of payments made by the Customer; or
b. offer to reschedule the Service at another time mutually agreed between the Customer and MTS.
12.0 Complaints
If the Customer is dissatisfied for any reason with the Service provided, it must inform LSS within 24 hours of completion of the Service. MTSstrives to achieve 100% customer satisfaction and will endeavour to resolve the problem quickly and efficiently.
Subject to the above, MTS may, at its discretion, offer the Customer either of the following:
a. partial or full refund;
b. re-supply of the Service without charge;
c. such other remedy as as deemed appropriate by MTS.
13.0 Exclusions and Limitations
The only conditions and warranties which are binding on MTS in respect of the state, quality or condition of goods and services supplied by MTS to Customers are those imposed and required to be binding by statute (including the Trade Practices Act 1974).
To the extent permitted by statute, the liability, if any, of MTS is, at MTS's option, limited to and completely discharged by the resupply of the Service.
MTS is not responsible for:
a. not completing or providing the Service as a result of a breach of a warranty by the Customer in clause 3 (including a failure by the Customer to provide proper materials, security equipment, utility services, a safe working environment or unencumbered access to the Premises); or
b. any damages caused by defective tree materials or tree equipment provided by the Customer;
not completing or providing the Service as a result of the secuirty personel not proceeding for health and safety reasons under clause 4;
c. any loss or damage incurred by the Customer or any third party as a result of the effects of a force majeure, being any event beyond the reasonable control of MTS;
d. not completing or providing the Service due to an act or omission of the Customer or any other person at the Premises during provision of the Service;
e. existing building, area, closed or non-enclosed that can not be completely access or reached;
f. any wear or discolouring of uniform or surfaces becoming more visible once dirt has been removed;
g. any loss incurred as a result of any breakage or damage to goods, items of value or the Premises; or
h. the cost of any key replacement or locksmith fees, unless keys were lost by MTS Personel.
Except as provided in this clause, all conditions and warranties implied by law in respect of the state, quality or condition of the Service which may apart from this clause be binding on MTS are excluded.
The Customer acknowledges that the results of any services provided may vary depending on a number of factors, and that MTS gives no guarantee as to the actual results of the Service.
Except to the extent provided in this clause, MTS has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the products or services provided by MTS (including any loss caused by, or resulting directly or indirectly from, any failure, defect or deficiency or any kind of or in the products used or services provided by MTS).
14.0 Indemnity
The Customer indemnifies MTS against:
a. all losses or liabilities arising directly or indirectly as a result of the provision of the Service including all losses or liabilities caused as a result of a breach of the warranties of the Customer set out in clause 3; and
b. all legal costs (on a solicitor and own client or full indemnity basis, whichever is greater) and other expenses incurred by MTS in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal and including any action taken for the recovery of a debt from the Customer).
15.0 Accidents, Breakage, Damage & Theft
To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of MTS when MTS personel are off duty under these terms and conditions:
cash, jewellery, art, antiques, and items of sentimental value.
To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to MTS within 24 hours of completion of the Service.
16.0 Cancellation Fees
The Customer must inform MTS of any incident where an accident, breakage, damage to property or theft has occurred due to any act of the Cleaner within 24 hours of completion of the Service.
To the extent permitted by law, the Customer is not entitled to claim any loss for any incident if the incident is not reported to MTS within 24 hours of completion of the Service.
To the extent permitted by law, damage or loss to the following items is specifically excluded from the liability of MTS under these terms and conditions when MTS personel is off duty: cash, jewellery, art, antiques, and items of sentimental value.
17.0 Fee for non-access to premises
In the event that the Customer does not provide unencumbered access the Premises for MTS or its Personel to provide the Service, the Customer agrees to pay a cancellation fee equivalent to 2 hours cleaning (inclusive of GST) for administrative and travel costs.
18.0 Termination
This Agreement may be terminated by the Customer by providing at least 24 hours notice prior to the Schedule Time.
Subject to above clause, MTS may terminate this Agreement by providing the Customer with at least 24 hours notice prior to the Schedule Time.
MTS may terminate this Agreement with immediate effect if the Customer is in breach of this Agreement, and in the opinion of MTS, that breach is incapable of remedy.
19.0 Privacy Policy
The Customer acknowledges that any information provided by the Customer may be used by MTS for the purpose of providing the Service. MTS agrees not to share any information provided by the Customer with any third party not directly involved in the provision of the Service (unless required to do so by law).
The Customer agrees to MTS communicating with them electronically and/or via other means in order to provide the Service or for reasons related to the provision of the Service.
MTS will take all reasonable precautions to protect personal information provided by the Customer from loss, misuse, unauthorised access or disclosure, alteration or destruction.
20.0 Changes to this agreement
MTS reserves the right to update or modify these terms and conditions at any time without prior notice, and may do so by publishing an updated agreement on its website. Each updated agreement will take effect 24 hours after it has been published on the website.
The Customer agrees that any use of the Service following any such change, whether as a single job or as part of a regular Tree schedule, constitutes their agreement to follow and be bound by the terms and conditions as changed.
21.0 Law & Jurisdiction
The Customer and MTS acknowledge and accept that this Agreement shall be construed and interpreted in accordance with the laws of New South Wales ("NSW") and both agree to submit to the exclusive jurisdiction of the courts of NSW in the event of any dispute.
22.0 Severability
The Customer agrees that if any term or provision is held invalid, void or unenforceable, then that provision will be considered severable and the remaining terms and provisions shall continue to be binding.
23.0 Copyright
The content of this Agreement is protected by international copyright laws and may be used for personal reference only. Subject to applicable law, permission to copy, alter, reproduce, publish, transmit and/or otherwise distribute this content is forbidden without first obtaining the prior written permission of Magic Tree Services Pty Ltd.
24.0 Trademark
Magic Tree Services Pty Ltd is the trading name of MTS.
Use of the business is forbidden without permission of Magic Tree Services Pty Ltd.