TERMS AND CONDITIONS DEFINITIONS
1. In this agreement “TAOD”, “our” or “we” means The Art of Decluttering, “you” or “your” means the client.
TERMS OF ENGAGEMENT
1. TAOD provides decluttering and organisational services as outlined in discussions and in our confirmation email. Our staff work alongside you in your home or business and require you to be on site and available for the duration of all sessions you book.
2. We will keep all personal booking information confidential.
1. You can expect that we will arrive on time for your session, listen to your needs and work hard to help you achieve the vision you have for your space
2. TAOD fees include complimentary garbage bags and basic labelling.
3. We may take before and after photos during each session. We will use the before and after images for our marketing and promotional purposes. We will never name you or intentionally depict identifying information in these photos. If you would prefer photos not to be taken of your space, please advise your consultant before your session starts.
4. The success of your session with TAOD is dependent on your cooperation, so please be prepared for your session and know that we are there to help guide you through both the decluttering and organising process.
RUBBISH REMOVAL & THIRD-PARTY CONTRACTORS
1. Removal and disposal of rubbish is your responsibility. TAOD will only remove items from a clients’ home with consent. We will take whatever donations we can fit in one car load and can help to organise charity donation pickups and rubbish removal, if requested.
2. Any recommendations provided for third party services are based purely on our professional opinion. We do not undertake to guarantee or to provide a warranty in relation to the services of any providers that you may engage. Any and all services provided by third parties (whether recommended by TAOD or not) forms a separate contract of engagement between you and them and is therefore outside of these terms and conditions
1. At times, we may recommend that you purchase goods from a third party. We are not a retailer. TAOD staff may purchase products on your behalf, as your agent. On the occasion where we have purchased products in advance we will on-sell them to you at retail price, but are unable to provide individual receipts. TAOD do not undertake to provide warranties for any goods recommended or purchased on your behalf, and will not be held liable if the goods are defective or unfit for their intended purpose pursuant to the Australian Consumer Law
1. You agree to pay our fee as quoted to you. If you require this quote to be in writing please advise TAOD. Session prices are stated on our website and may be emailed to you, if you require clarification.
2. An invoice will be emailed to your nominated email address upon completion of each session. If any purchases are made outside of your NDIS plan, we will invoice you personally for these. In the event of non-payment from NDIS you will personally be liable for all legal costs (on a solicitor/ client basis) incurred by TAOD in recovering the debt, together with the interest rate of 10% pa.
1. We require 2 full business days notice for any booking cancellation, directly to TAOD. You may contact Amy on 0438 659 658 (Melbourne) or Kirsty on 0408 554 855 (Sydney) if you need to reschedule or cancel your session. We are happy to reschedule your appointment as per our terms.
2. If a cancellation is made without the required 2 full business days notice or is made on the day we will issue you with an invoice for the entire session fees, which will be payable within 7 days.
1. You acknowledge that TAOD is the owner of all intellectual property rights in the material, ideas, designs, concepts and know-how or techniques that may be shared with you during the course of your session and that you will not use, (other than for personal use) copy, reproduce or disclose in any way or form TAOD’s material, ideas, designs, concepts and know-how or techniques, without the prior written approval of TAOD.
1. TAOD are committed to ensuring that your privacy is protected. We will not share your personal information with any third parties, unless authorised by you. This includes any sensitive data we may encounter when on-site. TAOD will make every effort to maintain the highest possible standards in dealing with your personal information in accordance with the Privacy Act 1988.
LIMIT OF LIABILITY
1. TAOD will endeavour to take all due care to ensure your property and/or possessions are not damaged in the execution of our services to the extent permitted by Australian law. TAOD will not however, be held liable for any damages or loss of any kind, including but not limited to property damage and/or personal injury arising which is not foreseeable by you and/or TAOD or for any losses which are not caused by our breach or negligence or for any indirect losses which may be a side effect of the main loss or damage (i.e. business or trade loss, loss of profits, loss of opportunities etc). In any event, the maximum cumulative aggregate liability of TAOD to you for any claims, loss or damage will not exceed the total price paid by you to TAOD under this agreement, including but limited to any consumer guarantees.
2. You are responsible for doing everything necessary to ensure the safety of the TAOD staff attending your property and you will be held liable for any personal injury caused to TAOD staff and for any loss or damage sustained to our property, whilst on your premises.
1. Any provision of the terms which is either illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.
1. If you breach the terms and we take no action against you, TAOD will still be entitled to use our rights and remedies in any other situation where you breach the terms.
1. The Terms are governed by and are to be construed according to the laws of Melbourne, Australia.
1. You submit to and accept unconditionally the exclusive jurisdiction of the courts of Melbourne, Australia with respect to any legal proceedings brought in relation to the terms.