Terms & Conditions

CURB & CO TERMS AND CONDITIONS
Effective Date: 21/03/2023

1. Introduction

Welcome to Curb & Co. These Terms and Conditions ("Terms") govern the relationship between Curb & Co ("we," "us," "our") and you ("client," "customer") regarding our services, including but not limited to landscaping, external renovations, garden maintenance, and project management. By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not accept these Terms, you must not proceed with our services.

2. Services Provided

Curb & Co offers a range of services, including but not limited to garden maintenance, landscaping, external renovations, and project management. Services are subject to availability, and bookings must be confirmed in writing. Any changes to the agreed scope of work must be documented and approved in writing by both parties. We reserve the right to refuse or discontinue services at our discretion.

3. Payment Terms

3.1 Payment Methods: Payments must be made via direct deposit, bank transfer, credit card or cash.

3.2 Payment Schedule: Full payment is required upon completion of services unless otherwise agreed in writing. For larger projects, we may require a deposit or progress payments as outlined in a formal agreement.

3.3 Special Orders: If a special order is required and has not yet arrived by the time the rest of the project is completed, a part payment of 95% of the total job is required upon completion. The special order item will be installed promptly once it arrives, and the remaining 5% is to be paid on completion.

3.4 Late Payments & Fees: If payment is not received by the agreed due date, a late fee of $50 will be charged and an additional 10% will be applied after 14 days. Accounts that remain unpaid beyond 14 days may be referred to a debt recovery agency or legal representatives, and any costs incurred in recovering the outstanding amount will be payable by the client.

3.5 Non-Payment Consequences: We reserve the right to suspend or terminate services for non-payment without liability to the client.

4. Cancellations & Refunds

4.1 Cancellations: Clients must provide a minimum of 7 days written notice for cancellations. Cancellations made without sufficient notice may be subject to a cancellation fee of up to 10% of the overall project cost.

4.2 Refunds: We will assess each situation individually to determine whether a refund is appropriate. Deposits may be non-refundable unless otherwise agreed in writing. If a service is cancelled due to circumstances beyond our control, we may provide a credit for future services rather than a monetary refund.

5. Liability & Disclaimers

5.1 No Guarantees or Warranties: Curb & Co does not provide any warranties, express or implied, regarding the quality, durability, or fitness of our services for a particular purpose. Any timelines provided are estimates only and subject to unforeseen delays.

5.2 Property Damage & Risks: While we take all reasonable precautions, landscaping and renovation work inherently carries risks, including but not limited to damage to underground utilities, structures, and existing vegetation. We shall not be held liable for any incidental, indirect, or consequential damages arising from our services.

5.3 Insurance Coverage: Curb & Co maintains appropriate insurance coverage. However, clients must ensure they have adequate home or property insurance to cover any potential damages or losses.

5.4 Client Disclosure Obligation: Clients must disclose all relevant site conditions, including underground services, prior to the commencement of work. Failure to do so releases Curb & Co from liability for damages or additional costs incurred.

6. Client Responsibilities

6.1 Site Access: Clients must ensure that the worksite is accessible during scheduled working hours. Any delays caused by restricted access may result in additional charges.

6.2 Permits & Approvals: Unless explicitly agreed otherwise, the client is responsible for obtaining all necessary permits and approvals prior to commencement of work.

6.3 Worksite Conditions: Clients must ensure that the worksite is clear of obstructions, including but not limited to pets, personal belongings, and hazardous materials. Any required site preparation that has not been completed may result in delays and additional charges.

7. Privacy & Data Protection

7.1 Data Collection: Curb & Co collects personal information solely for business operations, customer communication, and service improvements. We do not sell or distribute client data to third parties.

7.2 Data Security: All personal information is handled in accordance with Australian privacy laws. Clients have the right to request access to their personal information held by us.

8. Dispute Resolution

8.1 Mediation First: In the event of a dispute, both parties agree to first attempt resolution through mediation before initiating legal action.

8.2 Jurisdiction: These Terms are governed by and interpreted in accordance with the laws of Queensland, Australia. Any disputes shall be resolved in the appropriate courts of Queensland.

9. Indemnification

The client agrees to indemnify and hold harmless Curb & Co, its employees, contractors, and affiliates from any claims, liabilities, damages, or expenses arising from the client’s failure to comply with these Terms, including but not limited to failure to disclose relevant site conditions, unauthorised work modifications, or breach of payment obligations.

10. Amendments to Terms

Curb & Co reserves the right to modify these Terms at any time. Clients will be notified of significant changes in writing or via our official communication channels. Continued engagement of our services after any amendments constitutes acceptance of the updated Terms.

For any enquiries regarding these Terms and Conditions, please contact us at nate@curbandco.com.au