TERMS AND CONDITIONS

 

These are the Terms of Team Force Pty Ltd A.B.N. 33 619 649 142 (“we”, “us”, “our” or “Team Force”).  By using our services, you agree to be legally bound and to abide by these Terms.  If you do not agree with these Terms, you must not use our services.  We may modify these Terms at any time, without notice to you. 

 

Services, Time and Manner of Delivery

We will provide such services and materials (including, but not limited to, hand towels and toilet paper) to you as are set out in the quote, which we have emailed to you.  These Terms are to be incorporated into that quote.  Our quote is valid for thirty (30) days from the day it is emailed to you.  We reserve our right to alter or decline a proposal after the expiry of thirty (30) days.  We will start providing the services from the date agreed with you.  The services will be provided to you within the timeframe(s) specified in the quote.  Time frames and date of delivery are provided for guidance only and services will be performed within the specified period.  The timely completion of the services requires your cooperation in providing the details for a site contact person and access to the relevant premises / property.  We may charge additional fees and expenses that arise from your delays in providing this cooperation. 

 

Fees, Payment and Charges

The fees payable for the services are set out in the quote.  Our fees are excluding Goods and Services Tax.  There may be an additional charge for us performing the services on a day that is designated a public holiday in New South Wales.  You must reimburse us for expenses reasonably and properly incurred in connection with the services, of which we will inform you in advance or as set out in the quote.  In general, we will bill you for the services on a monthly basis.  Payment is to be made by electronic funds transfer (EFT).  We may vary our fees where we have provided services that are different or in addition to those set out in the quote either at your request, or because we have been required to complete additional work that was not anticipated at the time of the quote.  We may revise our fees from time to time.  Rates quoted to you remain in force until next 30 June.  We may increase our fees for any work performed after those dates.  We reserve the right to change our rates outside these dates and will communicate any such change directly to you.  You agree: (a) not to withhold any sums due to us; (b) settle all invoices raised by us within fourteen (14) days; (c) to pay us a late payment fee of $15 (for every period of thirty (30) days), on any payment which is not settled in accordance with these Terms; and (d) to pay to us such costs and expenses as we may incur in recovering payment from you where you fail to make payment in accordance with these Terms.  If you fail to pay us in accordance with these Terms, and you fail to remedy the default within seven (7) after receiving written notice of the default from us, we reserve the right to cease your work immediately, and without penalty.

 

Out of scope works

If you require any additional services or variations to the scope of our scope, you must first make contact with us by email.  We may agree to provide the additional services in our absolute discretion for additional fees.  Our staff members at your premises are not authorised to agree to any changes to the services being provided.  You must not request any changes directly from our staff.

 

Cancellation of visit

Should you wish to suspend, postpone or cancel a service for any reason, you must give us at least 24 hours’ prior notice.  In the event that such notice has been given, we will endeavour to reschedule the service (if required).  In the event that such notice has not been received, you agree to pay us a cancellation fee.

 

Complaints

Team Force strives to achieve 100% customer satisfaction.  If you are dissatisfied for any reason with the service provided, you must inform us within 24 hours of completion of the service.  We will endeavour to resolve the problem quickly and efficiently.

 

Disclaimer of warranties

To the extent permitted by law, we exclude all warranties, of any kind, in respect of the services or the satisfactory completion of the services.  Our liability in respect of such warranties is limited (in our sole discretion) to the resupply of the services, or the payment of having the services supplied again.  

 

Limitation of Liability

To the extent allowed by law, our liability to you for loss or damage arising from or in relation to the services, whether arising from breach of contract, tort (including negligence) or otherwise, is limited to (in our sole discretion) the total fees payable by you for the services.

 

To the extent allowed by law, we exclude all liability to you for any indirect, special or consequential loss, damages or costs, loss of profit or revenue, loss of business, business interruption, loss of data or loss of goodwill arising from or in relation to the services.

 

We shall not be liable for any delay in performing, or any failure to perform, any of our obligations if the delay was due to any event outside our reasonable control.

 

You are liable for and will indemnify Team Force, its directors, employees and contractors from and against any liability, loss, claims, costs, damages or expenses that may result from any third-party claims arising out of or in relation to the provision of the services, and will reimburse Team Force for all costs and expenses (including legal fees on a solicitor/client basis) incurred by Team Force in connection with any such action or claim.

 

Termination

Either party may terminate this arrangement to provide services: (a) at any time with written notice.  Where notice is given before the 14th day of each month, then the termination will be effective on the last day of that month.  Where notice is given after the 14th day of each month, the termination will be effective on the last day of the following month; (b) immediately if the other party becomes bankrupt or insolvent; or (c) immediately if the other party commits any material breach of these Terms that is either incapable of being remedied within fourteen (14) days of receipt of a notice requiring the breach to be remedied.

 

In our sole discretion, we may terminate this agreement at any time, with seven (7) days’ notice, if: (a) you fail to pay our fees within our terms of payment; (b) we consider that a request for a service is inappropriate or for any improper, immoral or unlawful purpose; (c) you fail to provide us with clear and / or timely instructions to enable us to provide the services; (d) we are of the view that there has been a break down in our working relationship; and (e) for any other reason outside our control, which has the effect of compromising our ability to perform the services within specified timeframes.  

 

If the arrangement to provide services is terminated, you agree to pay us for any work we have done and any expenses we have incurred up to and including the date of termination, and any rights or obligations that have accrued up to and including the date of termination will survive.

 

Non-solicitation

You must not either directly or indirectly solicit or entice away from Team Force any person employed or engaged by Team Force during the period during which the services are provided by Team Force for a period of twelve (12) months after the expiry or termination of the services.

 

Severability

If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

 

Waiver

Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies. 

 

Force majeure

Neither party will be liable to the other for any delay or failure to fulfil its obligations (excluding payment obligations) under this agreement to the extent that any such delay or failure arises from causes beyond its control.

 

Assignment

Neither of us may transfer, charge or otherwise seek to deal with our rights or obligations under this agreement without prior written consent of the other party.

 

Entire agreement

This agreement is the entire agreement between you and Team Force relating to the services.  It replaces and supersedes any previous correspondence, understandings or other communications (written or oral).  

 

Applicable law

These Terms shall be governed and interpreted by the laws of New South Wales, Australia.  Any dispute arising from the Terms, or a breach of the Terms, will be subject to the exclusive jurisdiction of the Courts of New South Wales, Australia. 

 

Feedback

 We value and welcome your feedback, comments and suggestions.  If you have any feedback, comments or suggestions, please contact us at customerservice@teamforce.net.au