Terms and Conditions
1 Terms of the contract
1.1 The landholder or landholder’s representative, whichever enlists the services of Pest Animal Control, will be known as the client.
1.2 Pest Animal Control will be the provider of professional contract shooting services.
1.3 The terms of the contract will be outlined in the Contract estimate.
1.3.1 Each contract estimate shall be uniquely and sequentially numbered.
1.3.2 Any variations to a contract shall be made to a copy of the original contract estimate.
1.3.2.1 A contract with variations shall use the original contract estimate number, with the addition of the suffix ‘X’ and a number e.g. 1.
1.3.2.1.1 The combination of the suffix and number, define the number of times the original contract has been varied.
1.3.2.2 Upon Pest Animal Control and the client agreeing to the variations to the contract, the client may sign the contract.
1.3.2.2.1 Signing the varied contract will nullify the original contract agreement, constituting a new agreement, enforced under the new contract estimate number.
1.3.2.3 Contract variations may alter pricing schedule.
1.3.3 When signed by the client, the contract estimate becomes an agreement between Pest Animal Control and the client.
1.4 The client agrees to advise Pest Animal Control of any changes:
1.4.1 Relating directly or indirectly to the contract.
1.4.2 That may affect Pest Animal Control fulfilling the contact.
1.4.3 Pest Animal Control may vary the terms of the Agreement.
1.4.4 The client cannot impose on Pest Animal Control any terms or conditions outside this Agreement.
2 Service rescheduling
2.1 Every effort will be made by Pest Animal Control to fulfil a booked service date. However, factors including poor weather and other unforeseen circumstance may result in rescheduling of the service date.
2.1.1 If a service date must be rescheduled, Pest Animal Control will contact the client as soon as possible to inform the client of the situation.
2.1.2 A new service date that meets the requirements of both parties may be scheduled.
2.1.3 Temporary unavailability of the service for these or any other reason, is not a breach of the Contract by Pest Animal Control.
3 Contract Shooting Service
3.1 Pest Animal Control reserves the right to decline service e.g. if a client has outstanding invoices.
3.2 Every effort will be made by Pest Animal Control to fulfil the requirements of a contract, however, variations in result quantities compared to those stated in the contract may occur.
3.2.1 The property and pest animal information supplied by the client may not be consistent with what is experienced in reality.
3.2.2 Unpredictable variations in target animal behaviour and environmental conditions.
3.3 A variation to the contract may be required if higher than expected numbers of pest animals are encountered.
3.4 Any variation to the contract may be negotiated by Pest Animal Control and the client.
3.5 Varying results do not constitute a breach of contract and are not grounds for a refund on services provided.
3.6 Visual recordings of the service will be taken primarily for safety, compliance and marketing purposes.
3.6.1 Unless restricted by a non-disclosure agreement, some of this footage may be used in promotional and/or marketing materials by Pest Animal Control.
3.6.2 Any recordings used by Pest Animal Control for promotional and/or marketing purposes will not contain any customer branding, location details, or any other identifiable markings, in order to protect the client’s identity and privacy.
4 Method of Payment
4.1 The client warrants to Pest Animal Control and agrees to pay Pest Animal Control in full at the completion of each visit, at all times.
4.2 In the case of multiple visits, any subsequent visits will not be initiated until payment for the previous visit has been received.
4.3 Fees must be paid within 14 days of the invoice date.
4.4 Pest Animal Control will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
4.5 Pest Animal Control accepts payment by cash, cheque, eft deposit.
5 Ending an Agreement
5.1 Pest Animal Control or the client may nullify the contract before start of service, by giving a written notice of at least 30 days.
5.2 Pest Animal Control may nullify the contract and the provision of the service immediately and without prior notice, if the client breaches any provision of the contract or if reasonably considers the client has misused the service.
5.3 Where the client has paid for multiple visits, cancellation of the remaining visits during that period may not result in the application of a credit or a refund for the remaining visits. Contextual consideration may be taken into account
6 Client Identity
6.1 The client warrants the name and address and other identification details provided by the client to Pest Animal Control are correct.
6.2 The client must notify Pest Animal Control of any changes in these details.
6.3 The client authorises Pest Animal Control to provide the client’s name, address and other information identifying the client to any person or government or other authority if required to do so by law, or in circumstances where, in the reasonable opinion of Pest Animal Control, disclosure is necessary to protect Pest Animal Control against any actual or potential claim by another person which may, in the reasonable opinion of Pest Animal Control, cause loss or damage to Pest Animal Control.
7 Client Liability
7.1 The client acknowledge that the client will be liable for any damage caused by any breach of the contract by the client or any other party or entity, present during the service.
7.2 The client indemnifies Pest Animal Control against any claims by any other party arising out of your actions or the actions of someone using the service.
8 Costings
8.1 Pest Animal Control reserves the right to increase ongoing fees related to the service
8.2 Annual price increases may occur on 1 July of that year, in accordance with the current CPI, with any increases outside of this to be notified to the client at least 30 days prior.
8.2.1 Price increases will not affect contracts already in place.