Aussie Property Services Terms & Conditions
1. Parties, Definitions and Interpretation
“APS” means Aussie Property Services
“Booking” means a booking for Services made by You on our Website, telephone or by email
“Contract” means the agreement between the Customer and APS to carry out the Works of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and APS) that agreement
“Customer” means the customer for whom the works are to be carried out by APS
“Works” means the works described in APS’s estimate and/or as referred to in APS’s Work Detail Sheet or any other document or email issued by APS, as may be varied by agreement in writing between the parties.
“We/us” means Aussie Property Services Limited, 141 Acton Lane, London, NW10 7PB, with Company Registration Number 7930237;
“Website” means the website located at https://aussiegroup.co.uk/property or any subsequent URL which may replace it;
“You” means a user of this Website.
2.1 The Customer will be treated as an Account Customer or a Non-Account Customer, according to APS’s reasonable discretion.
2.2 All estimates given by APS, all orders and instructions given by the Customer, and all work authorisations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between APS and the Customer, except where these terms are a schedule to a signed agreement between the Customer and APS, in which event these terms apply only to the extent not inconsistent with that agreement.
2.3 The Customer acknowledges that APS has not made any representations (other than any expressly stated in the Contract and/or in APS’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and APS for the performance of the Works.
2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of APS of any documentation of the Customer shall not imply any modification of the Contract.
2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.
2.6 We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
3. Bookings, Price, Estimates, and Variations.
3.1 All Bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email on behalf of APS to confirm the Booking (the “Booking Confirmation”). The contracts between us and you will only be formed when we send you the Booking Confirmation.
3.2 A visit required to determine as estimate for quoted work is free of charge, unless otherwise stated in writing prior to the visit.
3.3 Any estimate by APS is subject to withdrawal by APS at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.
3.4 Where APS provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, that estimate is a firm, fixed price quotation unless otherwise specified by ASP in the estimate and also except as follows:
3.5.1 an estimate is based on the information made available to APS by the Customer. If during the conduct of the Works it becomes apparent to APS that that information was either incorrect or insufficient in any respect that APS considers to be material, APS reserves the right to inform the Customer and to increase the estimated price to take account of the revised information; and
3.5.2 if prior to carrying out the Works, there is an increase to APS of more than 10% in the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which APS estimate was provided, APS reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.6 For materials, parts or other items that are not carried as part of APS’s standard van stock, unless it is with respect to Works for which there is an estimate which includes all, APS will charge the customer for materials or parts upon completion of the works.
3.6.1 If prior to carrying out the Works, there is an increase to APS of more than 10% in the cost of any relevant parts, materials or other items, equipment hire or transport since the date upon which APS’s estimate was provided, APS reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided.
3.6.2 APS will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it, subject to a maximum mark-up of 65% of the actual cost paid by APS for the relevant item. The mark-up will reflect, at APS’s sole discretion, the level of trade or other discount that APS was able to obtain from the relevant supplier.
3.7 APS hourly rate works will state the minimum hours on the quotation provided. Thereafter, the charges are per hour.
3.8 Unless otherwise stated, the price and all estimates provided by APS are shown exclusive of Value Added Tax which will be payable in addition, where properly chargeable.
3.9 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by APS to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.
4. Prices and Payment
4.1. Payment terms will vary depending on the type of Customer;
4.1.1 Non-Account Customers: For hourly rate works the minimum charge is payable up front, any additional charges are automatically deducted from your card following the completion of the works. For estimates, the full balance is due prior to the works commence unless otherwise agreed by APS in writing. You authorise us to seek pre-authorisation of your payment card. You also authorise us to charge your payment card in full on the day of the scheduled Booking or after the scheduled Booking.
4.1.2 Account Customers: APS will seek to submit invoices to the Customer within 14 days of completion of the Works and payment must be made by the Customer within 30 days after the date of issue of the invoice.
4.2 The customer may not withhold any part of the agreed price.
4.3 The Customer must maintain a valid payment card with us. You must inform us immediately if your payment card details are no longer valid.
4.4 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless APS has agreed otherwise in writing.
4.5 In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
4.6 APS shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.
4.7 APS may provide a promotional code, voucher, or referral scheme which;
4.8.1 may only be used by new Customers. Offers can only be redeemed once per household. Offers can only be redeemed once per customer.
4.8.2 is open to selected users and is accessible from your account. You can share your referral code or link with people you know, who do not live at the same address as you and who you think would benefit from the APS service. If a new user uses your referral code, you and your referred user may be eligible for referral benefits. Referral codes and links must only be used for personal, non-commercial purposes. For example, you may share your referral code or link on your personal social media accounts, but you agree that you will not share them on websites where you are not the account owner, including (but not limited to) Facebook business accounts or groups, Wikipedia, Google Reviews, coupon websites, and nor will you promote your referral code or link via advertising platforms including (but not limited to) Google Ads and Bing. We reserve the right to withdraw and deactivate your referral code, link and referral benefits at any time and will not be responsible for any losses you suffer if we withdraw and deactivate your referral code, link or referral benefits.
4.8.3 may be offered to potential and existing customers to promote APS business as an agent. These offers will not reduce the consideration received by the operative and may therefore entail APS subsidising the consideration due to the operative in some circumstances. The Customer acknowledges that any consideration paid by the Customer as part of an APS promotional offer up to the amount of consideration that would otherwise be due to the operative at the agreed standard rates is wholly consideration due to the cleaner.
5. Commencement and Completion Dates
5.1 Dates specified for the commencement and completion of the Works are estimates only. APS shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of materials.
6. Permits, Licences, other Consents and Access
6.1 It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless APS agrees otherwise in writing. The Customer shall provide clear access to enable APS to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with the carrying out of the Works.
6.2 The Customer will at all times provide a safe working environment for APS and its employees, agents and sub-contractors for the purposes of carrying out the Works. APS will not be required to enter any property when they are occupied but the only occupant is a minor.
6.3 The Customer will provide all necessary power and a clean water supply for APS use in the execution of the Works. Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, APS reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 3 above if a blockage occurs in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works.
6.4 The Customer must obtain any permission for APS to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify APS against all claims of whatsoever nature made by such third parties arising out of the presence of APS its employees, agents or sub-contractors on the Customer’s or such third parties’ property save where such claim results directly from negligence on APS’s part. The Customer shall be liable to APS for all loss or damage whether direct, indirect or consequential which is suffered by APS as a result of failure or delay by the Customer in performing the obligations referred to in this paragraph.
6.5 All fixtures and fittings in working areas shall be removed by the Customer before commencement of the Works at the Customer’s expense. APS may remove at the Customer’s expense any fixtures and fittings not so removed but it will not be responsible for any damage to any fixture or fitting so removed other than damage proved to be caused by APS’s negligence.
6.6 APS will not be liable for any fracture found in frozen pipes attended by APS. APS will not guarantee to clear blockages occurring in a frozen pipe or drain.
6.7 Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
6.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
6.8.1 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock outs or other industrial action; civil commotion; riot; invasion; terrorist attack or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; acts, decrees, legislation, regulations or restrictions of any government.
6.8.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
6.9 APS will use all reasonable endeavours to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of God or any other event or occurrence beyond APS’s control.
7. Inspection of Works and Complaints Procedure
7.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and, if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
8.1 Subject to paragraph 7 above and the exclusions listed in paragraph 8.4 below, APS undertakes to repair or make good any defect in completed work which appears within 6 months of completion of the same to the extent that such defect arises from a breach of APS’s obligations under the Contract and provided that details of the defect are notified by the Customer to APS in writing within such period and that APS and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by APS and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4 above.
8.2 If APS returns to the site at the Customer’s request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of the Contract on the part of APS, APS reserves the right to charge the Customer for the visit at its standard rate as per paragraph 3.2 above.
8.3 APS reserves the right not to carry out any work under this paragraph 8 where the Customer cannot evidence that the work was originally carried out and completed by APS or where payment has not been made in full for such work.
8.4 The exclusions referred to in paragraph 8.1 above are:
– Parts, materials and other items will be provided only with the benefit of the manufacturer’s and/or supplier’s guarantee, to the extent available and are not guaranteed by APS.
– Systems or structures not installed by APS.
– Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to APS prior to the work having been undertaken.
– Defects resulting from misuse, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than APS).
– Structural defects encompassing but not limited to subsidence and its resultant effect.
– Damage to drainage systems caused by root penetration or any other outside force.
– Any roofing work where APS advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
– Any work to repair an existing lock, or to fit any lock not supplied by APS.
9. Aussie Property Service’s Liability
9.1 These terms set out APS’s entire liability in respect of the Works and APS’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
9.2 APS’s liability shall be limited to:
– The repair or making good of any defect pursuant to its undertaking in paragraph 12 above and subject always to paragraph 7 above.
– Liability for death or personal injury resulting from negligence in the course of carrying out APS’s duties.
– The reasonable costs of repair or reinstatement of any loss or damage to the Customer’s property if such loss or damage results from APS’s negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
9.3 APS will not be responsible for damage suffered to a part of the Customer’s property (whether or not APS is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
10. Customer’s Liability
10.1 The Customer shall, in addition to its liability under paragraph 7.5 above and paragraph 15.1 below, be liable for:
– Any loss, damage or injury, whether direct, indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations in connection with the Contract.
– The safety of both plant and machinery belonging to or hired in by APS or its employees, agents or sub-contractors and shall indemnify APS against its loss, theft or damage.
10.2 The Customer shall indemnify APS against all actions, suits, claims, demands, losses, charges, costs and expenses which APS may suffer or incur resulting from a failure or delay in the performance of the Customer’s obligations, undertakings, representations or warranties in connection with the Contract.
11.1 We reserve the right to cancel any Booking without notice or cause.
11.2 We have a 48 hour cancellation or amendment policy and will charge the full amount upon failure of this notice period. If materials or parts have been ordered and the Customer no longer wants to proceed with the estimate but has given enough notice to cancel, the cost of these items will be deducted from your card automatically in case of cancellation.
12.1 We have a £10m public liability insurance policy underwritten by a leading insurer. There are excesses of at least £250, depending on the specific type of claim, which will be at your cost.
12.2 This policy is only able to cover extreme circumstances, for example, serious injury to the operative or severe damage to property such as fire.
These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Contact Information
We can be contacted by email at firstname.lastname@example.org and by post at Aussie Property Services Limited, 141 Acton Lane, London, NW10 7PB.