Terms and Conditions

Your Caretaker – Our Relationship

1. Can We Assist You

1.1 Your Caretaker is only available to properties within Your Caretaker nominated service areas as detailed from time to time at www.yourcaretaker.com.au ("our Website").

1.2 Services supplied only apply to the property as detailed in the nominated property profile completed by you ("Nominated Property").

1.3 In order to receive a quote you will need to apply by filling in the online property profile on Our Website. Our system will save this information so that you will not have to repeat the process with any future enquiries. You will be solely responsible for the provision of accurate information when completing your online property profile and updating it from time to time if the information you have previously provided to us changes.

1.4 Your Caretaker reserves the right to decline applications for quotations in our absolute discretion, without giving any reason.

2. Our Service to You

2.1 Your Caretaker offers you a number of different general home services ("Services"). You have the ability to design your own tailored package of services or to select a single service or services.

2.2 The type and extent of the various services that Your Caretaker is undertaking at any given time will be limited to what is specified from time to time on our Website in the scope of works as specified for each service.

2.3 You will receive a detailed monthly statement together with an invitation to rate the previous month’s service.

3. Our Delivery to You

3.1 You will have access to a dedicated members’ only section on Our Website which you can access by a personalised password ("Members Only Section"). In this section you will be able to view a diarised calendar of services that you have agreed to as well as your previous service history.

3.2 You will be able to reschedule your services through the Members Only Section should you wish.

3.3 Your Caretaker will honour the price of any given package specified on Our Website for a period of 12 months from the date you accept our quotation (the "Commencement Date"). This promise is subject to you honouring your commitment to pay us in accordance with our Payment Terms set out below and ensures that the details provided by you in your property profile are accurate.

3.4 Services will be provided by Your Caretaker as soon as reasonably possible but a service delivery time is not absolutely guaranteed and will vary depending on the location of your property and overall demand on any given service on any given day together with other relevant factors including but not limited to such things as weather and site access. Where Your Caretaker states "AM" we mean between 7.30am and 12 noon, by "PM" we mean between 12 noon and 5.00pm.

3.5 Your Caretakers service requires clear access to the site, including the ability to park within 25-50m of the property entrance. If there is no parking available and the service provider is required to pay to park to undertake the service this cost may be charged to your nominated credit card.

3.6 Unless notified otherwise Your Caretaker will complete the programmed work regardless of prevailing weather conditions.

3.7 The way Your Caretaker delivers its Services will be at its sole discretion including without limitation regarding the type, method or provider of the services bearing in mind Your Caretaker’s aim to at all times provide services that you will be satisfied with.

3.8 Your Caretaker reserves the right to charge a variation should the services actually required on site be 10% or more than that which was specified by you in the property profile completed by you on our Website. You will be advised of any additional charges and these will be charged to your nominated credit card and appear on your next statement.

3.9 Your Caretaker has the right to charge you a call out fee if a service is booked and no one is at the nominated property to provide access at the agreed time or there is anything whatsoever which reasonably hinders the service being carried out.

3.10 One (1) month prior to the conclusion of your package or service period Your Caretaker will contact you to advise of any changes to the price of the package and to confirm that you would like to continue with the package of services. Any renewal or continuation will be subject to the current terms of this document appearing on our Website as the date you notify Your Caretaker of your intention to renew or continue as the case may be.

4. Your Payment to Us

4.1 Your tailored package cost as specified by you will be charged to your nominated credit card based on the agreed payment schedule ("Payment Terms").

4.2 If your payment date is entered on the 29th, 30th or 31st of any given month, this will automatically default to reoccur on the 28th of each following month, otherwise it will reoccur on the date the package was booked and paid for.

4.3 Your Caretaker will charge you interest on any overdue accounts at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic).

4.4 You will be liable to pay all of Your Caretaker’s costs, expenses and outgoings including legal costs on an indemnity basis incurred by Your Caretaker or its agents of recovering any outstanding debt owed by you.

4.5 Your Caretaker allows its customers 3 options to pay for their services / packages they have purchased. They are as follows,

1. Pay Upfront – Involves paying for the service / package up front. This option is available for both single services and packages.

2. Pay As You Go – Means that you pay for the services that are going to occur in any given month. This payment option is available for single services and packages.

3. Even out your payments – Allows customers to spread the cost of their package so they are paying the same amount each month. Under this plan you cannot reschedule an individual service earlier than the month it is originally scheduled to be completed or any time after the last day of the contract period. This payment plan is only available to individuals that book a package over a 3, 6 or 12 month period.

5. A Change to Our Relationship

5.1 Your Caretaker has the right to reschedule your service at any time.

5.2 If you choose to pay for your services on our Even Out Your Payment Plan then you are only allowed to reschedule an individual service within the month that it was originally to occur or at any time in the future up to the last day of the contract period. In this case a month is defined by the period in between your scheduled payments.

5.3 When you chose to pay for your services on our Pay as You Go Plan you will be billed each month for the services that are due in that given month. As such you will be able to reschedule any of the services to whenever you want them to occur, taking into consideration that you cannot reschedule a service within 5 business days of the day of the changes being made, in addition the service cannot be rescheduled to a past date or a date beyond your renewal date.

5.4 You cannot cancel or reschedule a service after 12pm of the day before any given service is due to be completed also understanding that the service cannot be scheduled to happen inside 5 working days of the time of rescheduling.

5.5 In the event of a service not being able to be completed due to weather conditions or other factors beyond the control of Your Caretaker then Your Caretaker will try its best to complete it over the next 3 business days. You will receive an SMS to your mobile phone numbers advising of the delay at which time it will become your responsibility to contact Your Caretaker to confirm this re-scheduling is suitable.

5.6 A service other than a service previously rescheduled due to weather conditions cannot be rescheduled to occur within five (5) business days of the day of the changes being made, in addition the service cannot be re-scheduled to a past date or a date beyond your renewal date.

5.7 Your Caretaker requires you to complete our Cancellation Form on our Website and give us five (5) business days notice to cancel your tailored service package. All cancelled packages will be subject to a cancellation fee. This will appear on your final statement and will be charged to your nominated credit card.

5.8 You can complete the Transfer Form on our Website and give us five (5) business days notice if you want to transfer your package to another property. This transfer will be subject to a transfer fee. This will appear on your next statement and will be charged to your nominated credit card.

5.9 Transfer and Cancellation forms and details of applicable fees and charges are available on our Website. Your Caretaker reserves the right to vary these forms from time to time.

5.10 In the case of your package being transferred to a new property a new property profile will need to be completed by you on our Website as part of the transfer procedure.

5.11 Some of our packages may be costed over a 12 month period accordingly if a package is cancelled there may be outstanding charges for services that have been completed prior to cancellation. When a package is cancelled prior to its 12 month renewal date a final statement showing outstanding charges including any cancellation will be issued to you and will be charged to your nominated credit card. If Your Caretaker owes you money this amount will be paid to you in the form of a cheque within 30 days of the cancellation.

5.12 Should a package be cancelled before its annual renewal date, the retail value of any bonuses received by you will be invoiced to you on a pro rata basis. This will appear on your final statement.

5.13 Should an individual service be rescheduled within 24 hours of its scheduled date Your Caretaker reserves the right to charge a cancellation fee.

5.14 It is not possible to transfer a due service to another property. A separate registration will be required for the any other property.

5.15 Your Caretaker has the right to withdraw any aspect of the services provided at any time without notice.

5.16 Your Caretaker has the right to cancel a programmed service where there is an account balance which is outside our Payment Terms and a cancellation fee will apply.

5.17 You may be able to suspend your agreement with us in accordance with our suspension policy as set out and varied from time to time on our Website.

5.18 Refunds will only be available in the event of an overcharge or as otherwise required by law.

6. Responsibility

6.1 Your Caretaker will abide by all its statutory obligations under both Federal and State legislation.

6.2 Your Caretaker does not accept liability for any advice given to the property owner by any third party service provider or any other person during the course of providing a service or for any additional service or services provided by any third party service provider without the knowledge or consent of Your Caretaker.

6.3 These terms and conditions are to be interpreted strictly in favour of Your Caretaker where there is any ambiguity.

6.4 Your Caretaker may, in its absolute discretion, accept liability for damage to a Nominated Property directly caused by a Your Caretaker service provider during the course of supplying the agreed service or services, but only where notice of that damage is given to Your Caretaker within 7 days of the agreed service occurring. Your Caretaker must be given an opportunity to inspect the Nominated Property before any repairs or other works are carried out.

6.5 To the extent permitted by law, Your Caretaker will not be liable to any person for any indirect, special or consequential loss or damage in connection with the agreed services, whether in contract, tort (including negligence), statute or otherwise.

7. Failure to Comply

7.1 Your Caretaker shall not be liable or responsible for any failure to comply with any of your requirements which are not precisely and accurately notified to us in writing.

8. Environmental and Occupational Health and Safety Matters

8.1 Your Caretaker takes its environmental, health and safety obligations seriously.

8.2 Your Caretaker may refuse to provide a service where in the reasonable opinion of Your Caretaker or its nominated service provider you or any other person at the Nominated Property is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous or alternately the situation presents environmental health and safety risks to the Your Caretaker service provider.

8.3 A service will not be provided where in the opinion of the Your Caretaker service provider attending the property, there is a real risk or danger to the life, health, safety or property of any person or where there is a real risk of causing significant damage to the environment.

9. Our Home State

9.1 Our agreement is made and will be dealt with by the Courts in the State of Victoria.

10. What if we can’t provide the Service?

10.1 We shall not be deemed to have breached our obligations to you as a result of force majeure which shall include any cause beyond our reasonable control.

11. Reading the Terms and Conditions

11.1 Any part of these terms and conditions can be removed without affecting any other part of these terms and conditions.

12. GST

12.1 All prices quoted by us on our Website or in any other document or conversation are always inclusive of GST.

13. If you are a Company

13.1 If you are a Company we reserve the right to have your directors confirm your payments and performance by providing their personal guarantee.

14. Differences of Opinion

14.1 If there is any dispute between the parties concerning this Agreement, then the parties must attempt to resolve any such dispute by the dispute resolution procedure set out herein before resorting alternative avenues, including litigation provided that nothing herein shall preclude a party from seeking urgent interlocutory relief from a court.

14.2 The dispute resolution procedure is as follows:

14.2.1 if a party believes that a dispute has arisen, it must serve a dispute notice ("the dispute notice") on the other party;

14.2.2 the dispute notice must state that a dispute has arisen and identify in sufficient detail what the dispute is;

14.2.3 within three (3) days of service of the dispute notice, a representative of each party ("the representatives") must meet and seek the resolve the dispute;

14.2.4 failing resolution by the representatives the parties may jointly request the appointment of a mediator and failing agreement within seven (7) days of service of the dispute notice, either party may apply to the President of the Law Institute of Victoria to appoint a mediator;

14.2.5 once the mediator has accepted the appointment, the parties must comply with the mediator’s instructions; and

14.2.6 if the dispute is not resolved within thirty (30) days of the appointment of the mediator, or any other period agreed by the parties in writing, the mediation ceases.

14.3 The mediator may fix the charges for the mediation which must be paid equally by the parties.

14.4 If the dispute is settled, all parties must sign the terms of agreement and those terms are binding on the parties.

14.5 The mediation is confidential and statements made by the mediator or the parties as well as discussions between the participants to the mediation before, after or during the mediation cannot be used in any legal proceedings.

14.6 It shall be a term of the engagement of the mediator that the parties release the mediator from any court proceedings relating to the dispute or the mediation.

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