TERMS & CONDITIONS
Terms & Conditions of Business
1. Interpretation
1.1 In these conditions: “Client” the person, firm, company or organisation for whom Lean On Me Concierge (“LOMC”) has agreed to provide the Services in accordance with these conditions; “Agreement” the Agreement for the provision of Services which shall be governed by these conditions; “Services” means the Services to be provided by LOMC to or for the Client; “Fee” means the fee payable by the Client to LOMC as notified by LOMC .
1.2 LOMC shall be entitled to alter and vary these conditions from time to time on reasonable written notice to the Client without any liability to the Client.
1.3 LOMC normal hours are 0800 – 1700 Monday to Friday. Where LOMC is required to provide Services outside these hours LOMC shall be entitled to charge for its Services at a higher hourly rate, the same shall be notified to the Client in writing.
1.4 Clients who have purchased a Platinum Plan have flexible hours, by prior arrangement, at no additional charge.
1.5 Telephone calls between LOMC and the Client will not be recorded.
2. Supply of the Services
2.1 LOMC shall provide the Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between LOMC and the Client.
2.2 Our response time may vary depending upon the service or plan you have requested.
2.3 The service permits the Client to request from LOMC any information or suggestions in relation to any personal needs or desires of the Client (including events, activities, venues, goods and Services). LOMC reserves the right to refuse to supply Services if, in the opinion of LOMC , the Services are to be used by the Client for any immoral or unlawful purpose. LOMC ‘s information and suggestions will be based upon the specific criteria provided to LOMC by the Client.
2.4 LOMC shall inform the Client from time to time of the type and nature of requests with which LOMC are accustomed to or capable of dealing but shall not be liable to the Client in the event that a request made of LOMC not capable of fulfillment by them.
2.5 LOMC shall, within an agreed reasonable period of time, use all its reasonable endeavours to provide information and suggestions in response to the Clients requests. If LOMC is unable to deal with any requests, it will inform the Client as soon as reasonably possible.
2.6 If the Client is not satisfied with the services provided by LOMC, the Client must advise LOMC at the completion of the service (or within 2 hours of completion of the service) in order to receive a refund of charges. The Client must demonstrate why the service is considered unsatisfactory. Refunds will be provided at LOMC’s discretion.
Lifestyle Plans
2.7 Service means any task or request suggested by a client subject to the Conditions set out in this agreement
2.8 Fees for services are set out in Section 3 below.
2.10 Technology means that we will connect to your nominated Cloud technology that will enable us to complete any given task, such as your Dropbox or Google accounts.
2.11 All services supplied by LOMC are eligible for a Referral Rewards, each time a Client refers a new Client to a reward will be offered, the number of rewards any Client can receive is unlimited.
2.12 A Plan may be suspended for a specified period, depending upon the Lifestyle Plan applicable to the Client.
2.11 Unused time of specified Lifestyle Plans may be rolled over into the next month.
2.13 All Lifestyle Plans have a minimum term of 3 months, and will the continue on a month-by-month basis until otherwise instructed by the Client.
3. Fees
3.1 Lifestyle Plans – will be provided to the Client at the applicable rate for the Lifesyle Plan selected.
3.2 Fees for Lifestyle Plans are for a minimum of 1 month, and will the continue on a month-by-month basis until otherwise instructed by the Client.
3.3 Lifestyle Plans are paid in advance by credit card only.
3.4 Clients may cancel this service at any time. If cancellation takes place within the first 3 months, no refund for the unused portion of time will be refunded.
3.5 All fees for services, including Lifestyle Plan fees, relate to the provision of services by LOMC only.
3.6 All on-site works attract a minimum 1 hour fee.
3.7 Lifestyle Concierge services (including Professional Organising and Project Management, Services) are provided to Clients at $95.00 per person, per hour inc GST, charged in 15 minute blocks.
3.8 Relocation- Pack /Unpack Service, are provided to Clients at $66 per person per hour inc GST, charged in 15 minute blocks. This fees relate to the provision of services by LOMC only. Any on-site works attract a minimum 1 hour fee
3.9 Travel Time – LOMC reserves the right to charge Clients for travel time. Onsite requirements outside a 10km radius of the CBD will be charged at $44 inc GST per person per hour.
3.10 Before commencing works, credit card details are to be provided as security over all LOMC fees and third party fees.
3.11 Services provided by a third party supplier will be charged separately to our Fees.
3.12 A Service Fee 10% inclusive of GST is payable on any third party supplier invoices that are paid by LOMC on behalf of Clients. This fee is to compensate LOMC for all merchant fees, bank transaction fees and administrations fees associated with the settlement of third party invoices. For example, a third party invoice of $500 + 10% admin fee = $550 payable to LOMC .
3.13 A merchant fee of 3% will be applied to all credit card charges made via American Express only. Mastercard and Visa do not attract a merchant fee.
3.14 The Fees and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) on the day of service via Credit Card, Cash, Direct Deposit or Cheque or within Seven (7) days of LOMC ‘s invoice date if prior arrangement has been made for payment to be made by Tax Invoice.
3 .15 A late payment penalty of 5% of the total invoiced fee will be payable to LOMC should payments not be received by LOMC within Seven (7) days after the due date billed.
3.16 LOMC shall be entitled to vary the Fees from time to time on written notice to the Client.
3.14 A Cancellation Fee of $250 inc GST for each cancelled day, will apply for any pre-booked day projects which are cancelled by the Client within 48 hours of the scheduled commencement time.
4. Client’s Responsibilities
4.1 Services provided by LOMC are provided expressly for the Clients and the Clients shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs LOMC at the time of the initial request.
4.2 The Client shall immediately inform LOMC of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by LOMC and LOMC shall be entitled to decline to provide such Services to such party without providing any reason.
4.3 Where LOMC has suggested a third party supplier and LOMC has not been engaged to project manage the Service provided by the third party supplier, the Client must use their own skill and judgement as to the quality, value and suitability of the third party supplier.
4.4 The Client has the right to terminate Services of a third party supplier suggested by LOMC , however any Fees incurred by LOMC in the co-ordination of that Service, or Fees incurred by the third party supplier to the point of termination will be payable by the Client.
5 Liability
5.1 LOMC shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions.
5.2 LOMC carries Civil Liability Professional Indemnity Insurance and Broadform Public Liability Insurance. A Certificate of Currency can be provided upon request.
5.3 Where LOMC supply the Client with any goods or Services provided by a third party, LOMC does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or services. The Client shall be required to seek compensation for any loss or damage suffered from such third party direct.
For the avoidance of doubt the Client’ are deemed to be responsible for, and shall use their own skill and judgment as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Contract with any third party for the supply of Services or sale of goods.
5.4 LOMC shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.
5.5 LOMC shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of LOMC ‘s obligations in relation to the Services, if the delay or failure was due to any cause beyond LOMC’s reasonable control.
6 General
6.1 These conditions (together with any other terms and conditions agreed in writing between LOMC and the Clients) constitute the entire Agreement between the parties, super cede any previous Agreement or understanding and may not be varied except on notice from LOMC . All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.
6.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or residential address (as the case may be) or such other address as may at the relevant time have been notified pursuant to the provision to the party giving notice. Any notice may be sent by facsimile transmission or email and notice shall be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of facsimile or email transmission.
6.3 No failure or delay by LOMC in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by LOMC of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.
6.5 These conditions and the Agreement to which they relate shall be governed and construed in accordance with Australian Law.
1. Interpretation
1.1 In these conditions: “Client” the person, firm, company or organisation for whom Lean On Me Concierge (“LOMC”) has agreed to provide the Services in accordance with these conditions; “Agreement” the Agreement for the provision of Services which shall be governed by these conditions; “Services” means the Services to be provided by LOMC to or for the Client; “Fee” means the fee payable by the Client to LOMC as notified by LOMC .
1.2 LOMC shall be entitled to alter and vary these conditions from time to time on reasonable written notice to the Client without any liability to the Client.
1.3 LOMC normal hours are 0800 – 1700 Monday to Friday. Where LOMC is required to provide Services outside these hours LOMC shall be entitled to charge for its Services at a higher hourly rate, the same shall be notified to the Client in writing.
1.4 Clients who have purchased a Platinum Plan have flexible hours, by prior arrangement, at no additional charge.
1.5 Telephone calls between LOMC and the Client will not be recorded.
2. Supply of the Services
2.1 LOMC shall provide the Services to the Client subject to these Conditions or such other conditions as may be agreed in writing between LOMC and the Client.
2.2 Our response time may vary depending upon the service or plan you have requested.
2.3 The service permits the Client to request from LOMC any information or suggestions in relation to any personal needs or desires of the Client (including events, activities, venues, goods and Services). LOMC reserves the right to refuse to supply Services if, in the opinion of LOMC , the Services are to be used by the Client for any immoral or unlawful purpose. LOMC ‘s information and suggestions will be based upon the specific criteria provided to LOMC by the Client.
2.4 LOMC shall inform the Client from time to time of the type and nature of requests with which LOMC are accustomed to or capable of dealing but shall not be liable to the Client in the event that a request made of LOMC not capable of fulfillment by them.
2.5 LOMC shall, within an agreed reasonable period of time, use all its reasonable endeavours to provide information and suggestions in response to the Clients requests. If LOMC is unable to deal with any requests, it will inform the Client as soon as reasonably possible.
2.6 If the Client is not satisfied with the services provided by LOMC, the Client must advise LOMC at the completion of the service (or within 2 hours of completion of the service) in order to receive a refund of charges. The Client must demonstrate why the service is considered unsatisfactory. Refunds will be provided at LOMC’s discretion.
Lifestyle Plans
2.7 Service means any task or request suggested by a client subject to the Conditions set out in this agreement
2.8 Fees for services are set out in Section 3 below.
2.10 Technology means that we will connect to your nominated Cloud technology that will enable us to complete any given task, such as your Dropbox or Google accounts.
2.11 All services supplied by LOMC are eligible for a Referral Rewards, each time a Client refers a new Client to a reward will be offered, the number of rewards any Client can receive is unlimited.
2.12 A Plan may be suspended for a specified period, depending upon the Lifestyle Plan applicable to the Client.
2.11 Unused time of specified Lifestyle Plans may be rolled over into the next month.
2.13 All Lifestyle Plans have a minimum term of 3 months, and will the continue on a month-by-month basis until otherwise instructed by the Client.
3. Fees
3.1 Lifestyle Plans – will be provided to the Client at the applicable rate for the Lifesyle Plan selected.
3.2 Fees for Lifestyle Plans are for a minimum of 1 month, and will the continue on a month-by-month basis until otherwise instructed by the Client.
3.3 Lifestyle Plans are paid in advance by credit card only.
3.4 Clients may cancel this service at any time. If cancellation takes place within the first 3 months, no refund for the unused portion of time will be refunded.
3.5 All fees for services, including Lifestyle Plan fees, relate to the provision of services by LOMC only.
3.6 All on-site works attract a minimum 1 hour fee.
3.7 Lifestyle Concierge services (including Professional Organising and Project Management, Services) are provided to Clients at $95.00 per person, per hour inc GST, charged in 15 minute blocks.
3.8 Relocation- Pack /Unpack Service, are provided to Clients at $66 per person per hour inc GST, charged in 15 minute blocks. This fees relate to the provision of services by LOMC only. Any on-site works attract a minimum 1 hour fee
3.9 Travel Time – LOMC reserves the right to charge Clients for travel time. Onsite requirements outside a 10km radius of the CBD will be charged at $44 inc GST per person per hour.
3.10 Before commencing works, credit card details are to be provided as security over all LOMC fees and third party fees.
3.11 Services provided by a third party supplier will be charged separately to our Fees.
3.12 A Service Fee 10% inclusive of GST is payable on any third party supplier invoices that are paid by LOMC on behalf of Clients. This fee is to compensate LOMC for all merchant fees, bank transaction fees and administrations fees associated with the settlement of third party invoices. For example, a third party invoice of $500 + 10% admin fee = $550 payable to LOMC .
3.13 A merchant fee of 3% will be applied to all credit card charges made via American Express only. Mastercard and Visa do not attract a merchant fee.
3.14 The Fees and any additional sum due shall be paid by the Client (without any set off, counterclaim or other deduction) on the day of service via Credit Card, Cash, Direct Deposit or Cheque or within Seven (7) days of LOMC ‘s invoice date if prior arrangement has been made for payment to be made by Tax Invoice.
3 .15 A late payment penalty of 5% of the total invoiced fee will be payable to LOMC should payments not be received by LOMC within Seven (7) days after the due date billed.
3.16 LOMC shall be entitled to vary the Fees from time to time on written notice to the Client.
3.14 A Cancellation Fee of $250 inc GST for each cancelled day, will apply for any pre-booked day projects which are cancelled by the Client within 48 hours of the scheduled commencement time.
4. Client’s Responsibilities
4.1 Services provided by LOMC are provided expressly for the Clients and the Clients shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs LOMC at the time of the initial request.
4.2 The Client shall immediately inform LOMC of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by LOMC and LOMC shall be entitled to decline to provide such Services to such party without providing any reason.
4.3 Where LOMC has suggested a third party supplier and LOMC has not been engaged to project manage the Service provided by the third party supplier, the Client must use their own skill and judgement as to the quality, value and suitability of the third party supplier.
4.4 The Client has the right to terminate Services of a third party supplier suggested by LOMC , however any Fees incurred by LOMC in the co-ordination of that Service, or Fees incurred by the third party supplier to the point of termination will be payable by the Client.
5 Liability
5.1 LOMC shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions.
5.2 LOMC carries Civil Liability Professional Indemnity Insurance and Broadform Public Liability Insurance. A Certificate of Currency can be provided upon request.
5.3 Where LOMC supply the Client with any goods or Services provided by a third party, LOMC does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or services. The Client shall be required to seek compensation for any loss or damage suffered from such third party direct.
For the avoidance of doubt the Client’ are deemed to be responsible for, and shall use their own skill and judgment as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Contract with any third party for the supply of Services or sale of goods.
5.4 LOMC shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client.
5.5 LOMC shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of LOMC ‘s obligations in relation to the Services, if the delay or failure was due to any cause beyond LOMC’s reasonable control.
6 General
6.1 These conditions (together with any other terms and conditions agreed in writing between LOMC and the Clients) constitute the entire Agreement between the parties, super cede any previous Agreement or understanding and may not be varied except on notice from LOMC . All other terms and conditions express or implied by a statute or otherwise are excluded to the fullest extents permitted by Law.
6.2 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or residential address (as the case may be) or such other address as may at the relevant time have been notified pursuant to the provision to the party giving notice. Any notice may be sent by facsimile transmission or email and notice shall be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of facsimile or email transmission.
6.3 No failure or delay by LOMC in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by LOMC of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in parts, the validity of the other provisions of these conditions will still stand.
6.5 These conditions and the Agreement to which they relate shall be governed and construed in accordance with Australian Law.
