The terms and conditions pertaining to the contract between InstallMe and it’s client are set out below.
1. DEFINITIONS:
1.1. InstallMe – “We”, “Us”, the vendor, known as InstallMe (ACN: 160199628, ABN: 38471124367). This includes our company and staff members.
1.2. Installers – The Team Members who represent InstallMe onsite, who may be direct staff members or independent representatives of InstallMe.
1.3. Client – “You”, the end client, consumer, customer, purchaser, or buyer who engages InstallMe to perform work. This is not limited to but includes the employee(s), associate(s) or contractor(s) of the same, their director(s), staff, their client(s), representative(s) or member(s).
1.4. Merchant – Any agent or partner authorised by InstallMe to promote, sell or endorse InstallMe services to clients.
1.5. I.P. – Intellectual Property.
1.6. Authorised Signatory – A manager, director, a person engaged by the directors of the company, or any person who has been given specific authority to sign on behalf of the company or business by the company directors.
1.7. External Influences – Weather, personnel, excessive work load, product failure, catastrophes, environmental effects, impact, tampering, changing, editing, modification or adjustment. This includes things known as “Force Majeure”. External Influences can also come in the form of obstructions, other workers, missing parts or restricted access.
1.8. Hazardous items – Products, substances or materials which can be found as a personal or environmental hazard or which may have a “non-beneficial impact or influence on people or materials”. This includes but is not limited to: Petro-chemical substances, liquids or fluids, gases, fumes, dusts and powders and airborne particles. Examples include: Asbestos, Acidic or Alkaline substances, Solvents, Oils and Greases.
1.9. Confined Space – A location deemed a confined space as per Australian WHS regulations.
1.10. Information – Documentation, data, designs, drawings, concepts, procedures, or ideas.
1.11. Communication – Information transferred between two parties via electronic, physical or other means, either in written, verbal or visual form.
1.12. Quote Form – The website page where questions regarding the equipment or installation may be answered.
1.13. Checkout – The website page where the user reviews their purchase prior to payment, fills in personal account information, enters their schedule, agrees to the terms and conditions, privacy policy and returns policy by clicking on the checkbox, and enters credit card details for payment.
1.14. Registration – The process of a website user completing the registration form on the registration or checkout pages, formally opening an account with our company.
1.15. Account – The contractually binding arrangement between InstallMe and the end client, whereby the user agrees to pay for services performed by InstallMe or its team members, in accordance with the terms and conditions of this document.
1.16. Booking – The appointed time for the installation to take place.
1.17. Calendar/Schedule – The page area where the user fills in their availabilities during a (nominally) two week period.
1.18. Website – The web page installme.com.au and subsequent or affiliated pages on that domain.
2. GENERAL:
2.1. The user’s website registration is the opening of a legally binding user account with InstallMe. This user account is subject to the Terms and Conditions contained within this document. Once this account is open, goods and services purchased on the website are sold to the client at the time the booking is made. This sale of goods and services is to be paid for when purchased. The goods and services are sold at a price evaluated and calculated from information given by you, the client, in response to questions asked within the quote form.
2.2. These Installation Terms form the entire agreement between you and us and, unless expressly agreed to in writing by us, no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
2.3. We may change any provision in these Installation Terms without notice, so we advise that even if you are a frequent purchaser from us, you check these Installation Terms whenever you want to purchase our services. Any change of these Installation Terms will only apply to future orders.
2.4. None of our agents or employees or any third parties have any authority to change these Installation Terms without written consent from InstallMe directors.
2.5. We will not be liable for any delay or failure to perform our obligations under these Installation Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
2.6. You must not assign any rights and obligations under these Installation Terms whether in whole or in part without our prior written consent.
2.7. Any notice in connection with these Installation Terms will be deemed to have been duly given when made in writing and uploaded to our website, or sent by email, facsimile or post, either directly or indirectly to the client or associated parties to whom such notice is intended to be given.
2.8. If any provision of these Installation Terms is invalid, illegal or unenforceable, these Installation Terms take effect (where possible) as if they did not include that provision.
2.9. Please refer to our Privacy Policy on our website to see how we collect, use and protect your personal information.
3. CONTRACT:
3.1. As part of the InstallMe business model, we act as an agent for our staff or contracted installers to perform works for our customers on their sites. As part of this agreement, the installers who visit site are engaged by us and contractually obliged to fulfil all the requirements of the work for which they have been engaged by our client. When our directly employed staff carry out site installation work for our clients, those staff members do so under our company licenses and are covered by our company insurance policies. We distribute work to our installers, and in doing so we are responsible to monitor our installer’s work practices, licenses and insurance policies. Onsite installation work is carried out by licensed tradespeople, the liability for which is covered by individual installer insurance policies.
3.2. The client agrees that work requested by or on behalf of the client will be paid for as agreed with InstallMe. Payment terms are outlined under section 4 of this document.
3.3. The contract is entered into by the client, and these terms and conditions are deemed to be accepted when the website user selects the website checkbox, which declares that the client agrees to the terms and conditions and the privacy policy before continuing with the transaction and payment online.
3.4. Quotations shall be deemed a legal contract between the Vendor (InstallMe) and the Purchaser (The Client) when agreed to by both parties, and this information is communicated to InstallMe. Pricing is fixed unless both parties agree to change the already established price. If work is paused or stopped by the client for any reason, the costs of goods and services which have already been provided to the client (or carried out on their behalf) will be due and payable by the client.
3.5. Estimations may vary at any time due to external influences, market fluctuation or business work load.
3.6. All services will be provided with due care and skill and in accordance with all applicable laws and regulations.
3.7. If an appointment must be rescheduled or cancelled, please contact our Customer Service Team at least 48 hours before the scheduled date. Otherwise we may charge you a call out fee of $150.
3.8. The standard cooling off period of 5 days applies to all contracts, unless the work has already been commenced. In that case, if the client decides to cancel the contract for which work has already been started, the user agrees to pay for all completed works under our standard contract hourly rates, available upon request from InstallMe.
3.9. The contract works are deemed to be complete when the user or end client confirms that the works are complete, by written or electronic forms. Concerns raised after this will be evaluated on an individual basis, and changes or modifications to work done after this time will normally be carried out as a variation.
3.10. Additional information regarding refunds or discounts can be found in the Refund Policy section of these terms and conditions.
4. VARIATIONS:
4.1. Variations – shall be raised and chargeable to the client for changes to scope, design, exclusions, terms, hours of work, time scheduling or materials used. These are to be agreed upon by the client (using a form of communication) at the time of variation request. Variations will also be entitled to InstallMe should Hazardous Materials or External Influences play a part in the work or time involved, materials, scope or any further aspect of the contract.
4.2. If the installation cannot proceed as quoted due to external influences or circumstances beyond our control, InstallMe reserves the right to cancel the order or to charge a variation for the work to be performed.
4.3. A variation may be charged to the client without prior written warning of the price involved, if the client agrees to the change in scope. In such circumstances, the variation would be charged at our standard contracting labour rates and costs for materials.
4.4. A variation may be raised to the client if the installation site does not comply with Australian Standards or is unsafe.
4.5. If the variation is approved by the client, this becomes due and payable at the time of approval by the client.
4.6. If the variation is not approved by the client, and the installation cannot be finalised by the installer without proceeding with a variation, the client entitles InstallMe to be paid for a portion of work performed by the Installer. This amount will nominally be the greater of the two following amounts: 50% of the total installation value (if work onsite has already commenced), or an amount equal to the percentage of the job scope which was completed by the installer at the time the variation was raised to the client.
4.7. A variation may be raised to the client if the quote form was incorrectly filled, or the questions answered by the client do not accurately reflect the installation found onsite.
4.8. Goods, Information and Services of InstallMe which are desired or requested by the client must be formally documented and requested officially, with accompanying documentation. A formal agreement to provide the requested items is only entered into when InstallMe agrees with the client to do so.
4.9. If extra work or materials are required to complete a job, which are not included in our contractual obligation, additional charges may apply. Therefore, the works would be carried out as a variation. The client must formally agree to the variation before the scheduling and/or carrying out of any additional services takes place.
4.10. Work carried out in a confined space is not normally included as part of our scope, and may incur additional costs for such work.
5. PAYMENT:
5.1. The client agrees to pay for all goods and/or services supplied by InstallMe at the time of order placement when using the website, and by the time payable as stated on invoices. An invoice is deemed a payment claim pursuant to the Personal Properties and Securities Act (2009).
5.2. Any site variations are due and payable from the moment the variations are approved. Payment can be made by the website or via direct deposit facilities.
5.3. Any payment default will void all entitled discounts and special pricing which was quoted. A late payment may be considered defaulting on a due payment.
5.4. Payment is to be made via an InstallMe website payment method or direct deposit into the nominated bank account.
5.5. If the client is held in receivership or is liquidated, no funds already transferred to InstallMe will be held in remand or deemed the property of the client. The client indemnifies InstallMe against the need to return funds to the client should the client be examined for unlawful or incorrect payments, especially in the case of client bankruptcy, receivership, business closure or liquidation.
5.6. The cost of debt collection and work associated with regaining monies payable by the client will be paid for in full by the client.
5.7. Interest may be charged on overdue accounts, at a rate determined by InstallMe. This is typically charged at 15 percent P.A., calculated and accrued daily.
5.8. Goods and services remain the property of InstallMe and access is to be granted to them until paid for in full by the client.
5.9. A client’s energy, plumbing, air-conditioning system or any other product or service supplied by InstallMe may be removed or de-energised in the event of payment default.
5.10. The client is not entitled to goods, information or services which have not been paid for in full by the client.
5.11. If a credit card or other payment is withdrawn by the client after processing the order, funds owed to us for services performed or due to be performed by InstallMe will become due and payable to us immediately.
5.12. InstallMe reserves the right to cancel or reject any purchase or payment made by a website user if InstallMe deems the transaction to be of high-risk or potentially fraudulent. InstallMe reserves the right to cancel any order by clients who may pose a credit risk to our company.
5.13. InstallMe reserves the right to cancel any order by a client if InstallMe cannot fulfil its contractual obligations to the client, giving the client notice of the cancellation and refunding the amount paid by the client.
6. PRICE:
6.1. The price received on the website as a result of completing the quote form with information specific to the customer’s installation is fixed for the responses given. An item incorrectly quoted could have adverse implications to the client, and cause a variation to be filed if the installer visits site and finds evidence that the quotation form was filled incorrectly.
6.2. Prices listed on the website are inclusive of GST, but may be quoted exclusive of GST if stated as excluding GST.
6.3. The price for any additional services will be provided in a written or verbal quotation or variation, and charged at a price agreed between you and us.
7. INTELLECTUAL PROPERTY:
7.1. All information delivered, transmitted or given to the client by InstallMe is deemed the sole property of InstallMe, unless this information has been paid for by the client specifically and the sale of such I.P. is agreed to in writing by InstallMe. In the case of the client paying for such information, the I.P. will be deemed the property of InstallMe and the rights to such I.P. will be freely useable or re-sellable by InstallMe at its sole discretion. In the case of an Intellectual Property Licence Agreement with the merchant, the rights are not transferrable or re-sellable by the client to another group or person.
7.2. The client may not advertise, use or represent any intellectual property of InstallMe or of any goods or services themselves in any way, without the prior written consent of InstallMe.
7.3. No client or user of the InstallMe website, systems or processes may reverse engineer, copy or re-use the components, elements or information in full or in part, for profit, personal or commercial use.
7.4. No users of the InstallMe system(s) are permitted to cause or attempt to cause damage or faults in the system(s), violate the privacy of other users, or cause malicious or otherwise debilitating effects on the system(s) through software attacks or uploading of malicious or offensive software or code to the systems.
7.5. Website content is subject to copyright law, and copy or re-use of the website content is not permitted in whole or part.
7.6. Imagery used on the website may have been reproduced under license or agreement with other groups or people. These license(s) may cover items found in the creative commons or used with permission by those who hold a license for those image(s). Thanks to groups like flaticon, we are able to use little images made by Freepik and licensed by CC 3.0.
7.7. The website user indemnifies InstallMe, against any losses (directly or indirectly) caused by a full or partial breach of copyright, trademark, patent, or intellectual property rights by the user.
8. TIME AND SCHEDULING:
8.1. InstallMe shall not be held liable in the event of supplier mishap, incorrect product supply or supplier bankruptcy or liquidation for compliance with Time scheduling provided by the client or InstallMe if the delay causes late supply or delayed completion of a project.
8.2. Liquidated Damages will not be charged to or payable by InstallMe.
8.3. Should an installer select an appointment time from the user’s filled 2 week booking schedule, and the booking time is not suitable for the client, a new appointment time request must be sent from the user’s profile on the website.
8.4. Should the client request a new booking appointment time more than 3 working days of the appointment, the client must refill their appointment calendar with the times which will be unsuitable for the installation, and press the button to request a new appointment time from the installer.
8.5. Should the client request a new booking appointment time within 3 working days of the appointment, the client must press the button to request a new appointment, and also call the installer on their contact phone number supplied with the booking, to advise of the change in circumstances.
8.6. Should an Installer change a confirmed booking or appointment time, the installer will advise the client through their user profile and by email, and he client will need to view the new appointment time and confirm that the booking is suitable. Notification of a change in booking time by these means will constitute adequate notification of a change.
9. DOCUMENTATION:
9.1. The extent of documentation supplied to the client upon successful completion of the contract works is limited to a completed certificate of compliance or safety paperwork for the works performed.
10. LIMITED WARRANTY:
10.1. Our workmanship is warranted against defects for 90 days. Any rework required must be raised and brought to the attention of InstallMe within 90 days of completion of installation works.
10.2. InstallMe provides a warranty on the materials supplied by us to be free of defects up to the extent of the warranty given by the manufacturer of the product or materials.
10.3. Warranty is only valid based on the information being correct made available to InstallMe at the time of installation.
10.4. Standards revised after purchase will not be applicable to the warranty.
10.5. Warranty is made void by payment default, by exposure of the work, documentation or products to External Influences, (Including changes or adjustments made by client, misuse or abuse), or business closure.
10.6. Warranty is made void if the installation has been affected, changed or modified or additional work has been carried out to the system by another person after the installation was carried out by InstallMe.
10.7. Materials or equipment supplied by the customer for installation by InstallMe will not be covered for warranty by InstallMe.
10.8. Any customer-supplied unsuitable, non-compliant or defective equipment will not be covered for warranty by InstallMe, and any work carried out by us to install such equipment will be excluded from our warranty.
10.9. If any installed equipment or products which have not been purchased from InstallMe fail after installation, and the product is covered by warranty from the manufacturer, the removal or subsequent re-installation of the appliances or equipment will not be a liability of InstallMe, but the costs would be borne by the client or agreed to be paid for by the manufacturer.
11. PRODUCTS AND MATERIALS:
11.1. A team member of InstallMe may refuse to install products or equipment purchased by the client for installation by InstallMe, which is not compliant with Australian Standards and carries approvals as such, or is incorrect, is not fit for use or is faulty, and retain the full or a partial amount of what has been paid for the installation service, to cover the unfruitful time involved in the booking.
11.2. If an item of equipment supplied by an installer is unsuitable for Installation because the customer has selected the wrong item when purchasing from a store or from the InstallMe website, the item purchased by the client will need to be returned at the client’s expense and exchanged for the correct equipment. Any difference in cost will be deemed a variation payable by the client. If this change causes the installer to incur a cost or spend extra time onsite waiting for the correct equipment, or leave site and return, an additional standard call-out fee of $80 will be charged to the client. This amount must be paid in full before the originally planned installation can take place.
11.3. In the case that the customer defaults in a payment, InstallMe reserves the right to take possession & dispose of goods as it sees fit at any time until full payment is made. This will take place with the customer’s permission to enter any property where any goods are, in order to do so and with such force as necessary. Immediately upon completion the customer accepts liability for the installation.
11.4. Title for goods, products and services shall not pass to the client until they have been paid for in full.
12. DISCOUNTS:
12.1. Any discount offered by InstallMe is at its complete discretion & will only be available provided the Customer is not in breach of any part of these Terms nor in default in any of its dealings with InstallMe.
12.2. If a discount voucher is used at the website checkout, the use of vouchers and coupons is subject to the terms and conditions of the respective voucher or coupon used. Vouchers or discounts may be valid for a limited time only, after which point they no longer entitle the bearer to a discount or credit. Unless otherwise stated, the expiry date is 1 month from release date.
12.3. If a discount voucher does not work on the website for any reason, the discount voucher may not be valid. The user must contact InstallMe to verify why the voucher is not working or is not valid. An invalid voucher will not entitle the bearer to a discount or credit.
12.4. Unless otherwise agreed in writing, early payment discounts (if any) will be noted on the face of the relevant invoice & are subject to these Terms.
13. JURISDICTION:
13.1. All contracts made with InstallMe shall be subject to the laws of New South Wales, & the parties submit to the jurisdiction of the appropriate Courts in Newcastle, Australia.
14. WAIVER:
14.1. If InstallMe elects not to exercise any rights arising as a result of breach of these Terms it shall not constitute a waiver of any rights relating to any subsequent or other breach.
15. RECOVERY COSTS:
15.1. The client will pay all costs & expenses of InstallMe, its legal advisers, mercantile agents and others acting on its behalf in respect of anything instituted or being considered as a result of any breach of these Terms or breach of any dealings with InstallMe.
16. FORCE MAJEURE:
16.1. InstallMe will not be in default or breach of these terms and conditions regarding any dealing with the Customer as a result of Force Majeure (ie: anything beyond InstallMe’s reasonable control).
17. COMPETENCIES:
17.1. InstallMe utilises the skills and abilities provided by our staff and representatives, including those of our installers. Each of our Installers carry an appropriate license for the type of work they will be performing, unless holding a license for that work is not required. Work is contracted to be performed under the installer’s trade license, which may differ from that of InstallMe.
17.2. A certificate of compliance will be issued by the authorised installers for the work they have completed.
18. INSURANCES:
18.1. InstallMe carry out installations through employed and contracted staff. Work which requires a specific license to be performed is carried out under the relevant license held by the Installer.
18.2. Because of the nature of the business, contract works which are paid for through InstallMe are covered by the relevant insurance policies held by the individual installers. These policies are independent of the InstallMe insurance policies and cover the installation work performed by the installer themselves. These policies are held and paid for independently and are to be kept current and financial while the installers are contracted to fulfil their role in our company. These policies include:
18.2.1. Public Liability Insurance
18.2.2. Worker’s Compensation Insurance or Personal Injury Insurance
18.3. Each of our contracted Installers hold and maintain current independent insurance policies for their work they perform.
18.4. Insurance Policy Terms and Conditions are applicable to our terms and conditions, and our provision of Insurance cover is subject to the terms and conditions stated in the respective insurance policies we hold. InstallMe does not insure work outside of what is covered by our insurance provider(s).
19. SITE CONDITIONS:
19.1. Projects and work sites must be free from hazardous materials or substances, or extra costs to the client may be incurred if certain hazardous materials are found to be present onsite or in products to which InstallMe is exposed.
19.2. If the client site conditions make site work overly difficult, dangerous or unsafe, InstallMe may cancel or alter the contract to suit.
20. COMPLIANCE AND CONFORMITY:
20.1. InstallMe endeavours to comply with all applicable Australian Standards, relative to the work performed.
20.2. Preferred Equipment Lists and client specifications will only be applicable to the project if they are delivered as part of the project scope before the contract commences.
20.3. InstallMe reserves the right to charge additionally to work carried out onsite, for work and documentation provided to the client and/or relevant authorities for the cause of the project which were not specifically included in our scope of works. This can include COCEW forms, AFC’s and such like.
20.4. Instructions given to us by the client which contravene applicable standards and specifications shall be the responsibility of the client. InstallMe is waived of all responsibility for these works.
21. LIABILITY:
21.1. InstallMe will not be deemed liable for products and services (Including but not limited to: design, installation, recommendations, works and services) that it was not contractually 100% responsible for.
21.2. InstallMe reserves the right to be free of all responsibility of those of the InstallMe group that make a statement in error, omit information or make a mistake when communicating on behalf of InstallMe, unless it is formally documented as such and signed for on behalf of InstallMe by a director or Authorised Signatory.
21.3. InstallMe will not be liable for any costs or payment for work carried out by others, and will not pay for work to be done by others unless this has been approved by InstallMe management in writing before the work is done or the cost is incurred, even if InstallMe was proven at fault or held responsible for incomplete or incorrect works onsite.
22. SUPPLY COST:
22.1. A fall in cost or price of labour or materials to be paid for by InstallMe, agreed to be sold to the client, shall not be an entitlement to the client to receive a price change.
22.2. A rise in cost or price of labour or materials to be paid for by InstallMe, agreed to be sold to the client, of above 10% within a 30 day period (Including but not limited to the price of Copper or other materials), will grant InstallMe the right to not supply the customer with the goods and services, or to change the client’s price.
23. APPLICABLE LAW:
23.1. Australian Law will be applicable to this contract, and if not specifically documented as being from another Australian State or Territory, will be governed by the laws of New South Wales.
24. CHANGES OR AMENDMENTS:
24.1. No amendments to these terms and conditions will be valid unless made by an InstallMe Director or Authorised Signatory.
24.2. InstallMe reserves the right to change these terms and conditions from time to time, and if superseded, a more recent copy may be found on the InstallMe website through a user profile on the InstallMe website. (www.installme.com.au)
24.3. No change or error in these terms or conditions shall invalidate the rest of the terms and conditions outlined by InstallMe.
25. INSOLVENCY:
25.1. If the client commits or is involved in any act of insolvency, it will be deemed in default under these terms (such as: bankruptcy, liquidation, receivership, administration or the like & failure to pay in accordance with these Terms.)