This Agreement is between the purchaser (the “Client” or “you”) and Finer Details Services Pty Ltd as trustee for the Finer Details Service Trust (the “Company”, “Finer Details” or “our”).
The terms of our engagement and the scope and confines of the services will be provided under these following Terms and Conditions.
These Terms and Conditions apply to all transactions between you and Finer Details.
By engaging the services of Finer Details or of any third party engaged on your behalf by Finer Details, either in writing or verbally, you agree to be bound by these Terms and Conditions.
Definitions
The following definitions shall apply to these Terms and Conditions:
Agreement means our signed agreement with you for the provision or goods and/or services required by you or, where a written agreement has not been signed, Agreement means the verbal agreement reached between you and Finer Details regarding the provision of goods and/or services required by you.
Force Majeure includes, but is not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, a pandemic declared by the World Health Organisation as a “public health emergency of international concern”, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
GST Act means A New Tax System (Goods and Services Tax) Act 199 (Cth) as amended.
Lifestyle Management Services means:
- Assisting with the reorganisation of homes and/or offices;
- Sourcing, booking and greeting third parties;
- Running errands;
- Personal research; and home administration.
How We Work
Our service area includes Mindarie to North Fremantle and the central Perth suburbs of Western Australia. Additional mileage charges may apply to any job outside this service area and payment will be due prior to job commencement.
Finer Details can facilitate all third party service payments on the Client’s behalf. Third party service providers engaged by Finer Details will only provide services as agreed in consultation with Finer Details, third party providers and you. All disbursements related to services and charges are to be met by you.
Fee Structure
Finer Details is registered for Australian Goods and Service Tax ().
Unless expressly stated otherwise, our fees and any estimates of our fees are exclusive of GST. Where the GST Act applies, you agree to pay any applicable GST in respect of goods and/or services provided by us.
Finer Details offers an onsite initial consultation for new clients living within our service area to discuss an overview of the Client’s needs and our conditions of engagement. This option can be purchased from our website at Consultation .
Fees are subject to change.
Finer Details charges will commence once task details are discussed and an Agreement is signed by you.
Finer Details charge in 15-minute blocks with a minimum of 15 minutes for each request.
The following minimum charges apply:
- 30 minutes will be charged for errands (including 15 minutes towards the task)
- 1 hour minimum for house checks, meeting trades and any job where specific time needs to be allocated (including 45 minutes towards the task).
A once-off time fee of 15 minutes will be charged for each third party supplier or provider hired by the Client.
A minimum of 3 hours will be charged for Professional Organising Services sessions within our service areas. A 10-15-minute break is taken every 3.5 hours, and these breaks have been built into our fee structure.
Ad hoc Lifestyle Management packages are a minimum of 6 hours and our retainer options begin at 2 hours per month.
Any emergency after hours work (Monday to Friday 6pm – 7am or weekends), or work completed on a public holiday, will have an additional 15 minutes added to each hour worked, with a minimum service charge of 1 hour.
Where a package including a set number of hours is purchased from Finer Details and some or all of the hours provided in the package are not used in the year in which they are purchased, the number of hours may reduce in line with any hourly rate increases since the date the package was purchased.
Gift Vouchers
Gift vouchers for a set number of hours are available for purchase from Finer Details. Due to annual price increases, if a gift voucher is not used within 12 months of purchase, the number of hours provided in that gift voucher may reduce in accordance with any price increase over the period of time since the purchase of the gift voucher.
Payment
Payment for our ad hoc services is collected via direct payment to our nominated bank account and is due at the time of purchase.
All retainer packages must be direct debited by our nominated service provider and a minimum of 30 days notice for cancellation.
All agreed upon fees owed to Finer Details are to be paid before services are rendered.
Finer Details is a licensed business and a subcontractor of the Client. The Client has no responsibility to withhold any taxes from or provide any benefits to Finer Details.
Unpaid Accounts
If you fail to pay an account within the required timeframe, we may choose not to perform any further work for you until all accounts are paid in full, and charge interest on any amount that remains outstanding 30 days after the date of payment, at the rate of 5% annum.
Safety
Finer Details will only perform work that is considered safe under the WHS guidelines. You are responsible for doing all things necessary to ensure the safety of representatives of Finer Details attending your premises and are liable for any injury caused to our representatives and for any loss or damage to property while we are on your premises.
Finer Details will not be responsible for the inability of Finer Details or a third party to complete any part of their engagement as specified in the Agreement due to unsafe working conditions in your home or other place specified in the Agreement.
Third Parties
As part of their work for you, Finer Details may engage third parties to provide goods, services, or both goods and services on your behalf. Third party suppliers used to undertake any project are not employed by Finer Details.
Any third party supplier’s products purchased by, and/or services engaged by, the Client becomes a contract, whether written or verbal, solely between the Client and that third party supplier.
Any faults or defects with any goods purchased from a third party supplier are the responsibility of the third party and you will not hold Finer Details responsible in any way.
We do not warrant or guarantee the services or performance of any third party we might recommend to you, and Finer Details are not responsible for any failure or delay of a third party in performing services or providing goods to you. If you choose to engage a third party recommended by us, you do so under a separate and distinct agreement with that third party provider outside of these Terms and Conditions.
You agree to indemnify Finer Details against all liabilities, claims, costs and expenses (collectively referred to as ‘Loss’) (including any GST payable by us on amounts paid by you under this indemnity) incurred by Finer Details in respect of any claim by a third party which is related to, arises out of, or is in anyway associated with the services mentioned in this Agreement. However, this indemnity does not apply to any Loss in respect of the matters which are finally determined to have resulted from our grossly negligent, wrongful or wilful acts or omissions.
Cancellation
Cancellation of services requires – otherwise full payment is required.
Finer Details reserves the right to cancel this Agreement at any time for the following :
- if a Force Majuere event occurs and continues beyond one month from the date of occurrence;
- if you misrepresent yourself in any way;
- if you slander Finer Details in any way;
- if you do not provide Finer Details with adequate instructions within a reasonable period of time after being asked to do so;
- an account remains unpaid for 30 days or more;
- you cancel more than three consecutive scheduled appointments and/or times;
- Finer Details consider that mutual trust and confidence no longer exist;
- if a conflict of interest arises that cannot be satisfactorily .
The result of cancellation will be payment to Finer Details of all monies owed as agreed in this document and up to the date of cancellation.
If either you or Finer Details terminate this Agreement, our obligations to perform the matter in it come to an end immediately. All other terms of the Agreement contained in these Terms and Conditions remain in force.
Electronic Communications
As part of our services, we may communicate with you and with others on your behalf by email or other electronic means. Information which is electronically transmitted cannot be guaranteed to be secure or error free. We will take all steps necessary to ensure that documentation is sent to you in the most secure method available to us.
We note that our website contains links to other websites over which we have no control and which are governed by their own privacy and other policies.
We are not liable to you in respect of any loss, damage, error or omission arising from or in connection with the electronic communication of information to or from you.
You agree to indemnify and release us from all claims arising from the use of email and electronic communications with you or the communications we undertake in the course of acting for you on this matter with other parties.
Intellectual Property
You acknowledge that Finer Details owns all intellectual property rights in the material, ideas, concepts, or techniques that will be shared by you in the delivery of services and that you will not use (other than for your own personal and private use), copy, reproduce or disclose the material, ideas, concepts or techniques of Finer Details without our prior approval in writing.
Confidentiality
Confidentiality is a high priority to Finer Details and only the necessary details collected will be forwarded to third party suppliers to complete tasks, and only with your consent. Discretion will be strictly adhered to by all Finer Details team members. Your ‘in case of emergency’ contact will only be contacted should we deem it absolutely necessary.
In addition to providing our services to you, we may use personal information to maintain our relationship with you, to keep you informed of our services, events and other matters which we consider may be of interest to you, and for purposes related to our research, planning, service development, security and risk management. We may also use and disclose personal information to the extent that we are required or authorised by law to do so.
You agree that any written Agreement or other communication between you and Finer Details remains confidential and is not to be used or disclosed to any third party without our consent.
Liability
Finer Details is fully insured with Public Liability and Professional Indemnity insurance specifically designed for our industry. All employees engaged by Finer Details are covered by our Workers Compensation policy.
For any third party service arranged by Finer Details for the Client, the Client is aware that the contract for this service (and therefore all liability) is between the service provider and the Client and not between Finer Details and the Client.
No Finer Details team members will be accountable for the actions of the third party and Finer Details will not be responsible for Client disapproval with the services or items provided by a third party during the course of services provided.
Finer Details is not responsible for any damages caused by a guest, pet or child of the Client.
Where the Client provides any material to Finer Details, the Client warrants that they are authorised to provide the material to Finer Details and indemnifies Finer Details against any action that may be taken against Finer Details in relation to any unauthorised provision or publication of material.
Finer Details are not liable for any damage to property that is related to, arises out of, or is in anyway associated with the services mentioned in this Agreement. However, you shall not be liable for any Loss in respect of the matters which are finally determined to have resulted from our grossly negligent, wrongful or wilful acts or omissions.
Indemnity
You hold Finer Details harmless and agree to indemnify Finer Details from and against all claims (including third party claims), actions, liabilities, damages, costs, charges or expenses (including but not limited to legal fees) Finer Details incurs or becomes liable to pay in respect of the subject matter of this Agreement, including any action taken by third parties against Finer Details.
You agree to release and indemnify Finer Details in respect of any outstanding payments to any third party provided that such payment is owed and incurred in connection with this Agreement.
COVID-19
We understand that you may feel concerned about potential exposure to COVID-19 where the services or part of the services in our Agreement with you involve attendance at your home. We are taking every precaution to protect you, your home and your family at this time. We will implement the following where required by law or where requested by you:
- wear protective gear including gloves and face masks before entering your home;
- wash our hands before entering your home and regularly throughout the day if we are spending some time in your home;
- bring our own hand towels;
- adhere to social distancing rules;
- virtual quoting where possible;
- if you would prefer not to be home while we are there, we can undertake a ‘virtual walk-through’ at the conclusion of the services to ensure the job has been completed to your satisfaction.
Force Majeure
Neither you nor Finer Details shall be liable for any breach of these Terms and Conditions (other than payment obligations) caused by Force Majeure circumstances beyond your or our reasonable control.
Assignment
You shall not assign your interests under this Agreement without the consent in writing of Finer Details.
Severability
In the event of any clause or part of a clause of this Agreement being invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of that clause shall be deemed to be severed from this Agreement and of no force and effect, however all other clauses and parts of clauses of this Agreement shall nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no clause or part of a clause of this Agreement shall be construed to be dependent upon any other clause of part of a clause unless so expressed herein.
Waiver
The failure of Finer Details at any time to enforce any of the provisions or to exercise any election in respect of this Agreement shall not be a waiver of such provisions, rights or elections or affect the validity of this Agreement.
Governing Law
The laws of the State of Western Australia govern this an Agreement and the parties submit to the exclusive jurisdiction of the Courts of that State.
Entire Agreement
This Agreement supersedes all other prior agreements with you. The provisions listed above shall survive the expiration or termination of our Agreement with you.