Terms AND CONDITIONS

Contract and Acceptance

These terms and conditions (Terms) constitute an agreement between Shmik Pty Ltd (ABN67 666 920 010) trading as Shmik Services (Shmik Services or we) and the Customer (Customer or you) regarding any goods and/or services to be provided to the Customer by Shmik Services.

The Customer is taken to have accepted and be bound by these terms if it instructs Shmik Services to provide any goods and/or services, accepts such goods or services or accepts these terms in any other manner recognised by law. These terms may only be amended by written agreement between the parties. The Customer acknowledges and agrees that these terms and conditions shall be read together with any quote in relation to goods and/or services that Shmik Services may have provided to the Customer.

The Customer acknowledges that Shmik Services may, in its entire discretion, subcontract, assign, or license all or any part of its rights and obligations under this agreement. The Customer may not assign or transfer any of its rights or obligations under this agreement without Shmik's prior written consent.

Definitions

"Shmik Services" means Shmik Pty Ltd (ABN67 666 920 010) trading as Shmik Services of 81 Commercial Road Mount Evelyn, Victoria 3796, and includes any agents, contractors, sub-contractors and employees of the company.

"Customer" means the Customer or entity purchasing goods or services from Shmik Services, its successors and assigns or any person acting on behalf of and with the Customer's authority, as described in any application, quote, work authorisation or other form.

"Guarantor" means any person or persons or entity who agrees to be jointly and severally liable for the Customer's debts in accordance with these terms.

"Works" means any goods and/or services provided by Shmik Sevices to the Customer in accordance with these terms.

Price and Payment

The price payable for the goods and/or services shall be either:

Written fixed price quotes in relation to window cleaning, solar panel cleaning and other cleaning services, which are determined by a site visit, photographs provided by you, or sometimes using online methods. Suppose the condition of the site worsens between the time of the quote and when the quote is accepted, or there are factors which are not apparent from photographs or online methods, for example, extensive buildup of dirt/debris, metal louvres, accessibility issues, sunshades, renovations/extensions or other items. In that case, additional charges will apply, and we reserve the right to amend our quote accordingly. or

Estimates in relation to window cleaning, solar panel cleaning and other cleaning services, which are based on information received from Nearmaps/Google Maps/Street view, information provided over the phone, by email, SMS, Webform or other electronic means. Estimates are subject to confirmation after a site visit by us. If there are any additional items or factors which were not apparent from the information available for the estimate but which become apparent during the site visit, for example, extensive buildup of dirt/debris, additions, renovations or obstructions to glass, including louvres, sunshades, cages and similar items, then additional charges will apply. A final fixed quote will be confirmed after the site visit., or

Written fixed price quotes in relation to post-build/construction window cleans, which involve a more specialised style of window cleaning, including removing paint, removing builders debris (such as caulking, concrete splatter, render and plaster) and other types of residue from glass and glass frames. Quotes for post build/construction cleans will only be based on a site visit or photographs of all windows and frames.

Payments by credit card shall be subject to payment of any surcharge charged by the financial institution to Shmik Services.

All goods and services are subject to payment of Goods and Services Tax (GST).

Payments must be made at the completion of works unless agreed to the contrary with us in writing. Any amounts not paid within seven days of the due date shall be liable for payment of interest at the rate stipulated in terms of the Penalty Interest Rates Act (Vic), as varied from time to time, with effect from the due date. In the event of Shmik Services incurring any costs (including legal costs) in order to recover any amount owing in terms of these terms, or to enforce its rights in accordance with these terms, the Customer agrees that it will be liable for the legal costs of Shmik Services on a solicitor and own client basis and/or any collection agency costs.

Shmik Services requires at least 24 hours written notice for service booking cancellations.

Scope of Works for Window Cleaning

Window cleaning quotes or estimates are for a standard maintenance clean, which includes cleaning the window behind and wiping the window sill (excluding reveals).

Window frames, tracks, reveals, paint scraping, graffiti removal, stain removal, sticky residue, post-build/construction debris, concrete splatter removal, calcium buildup, hard water staining, heavy environmental buildup, excessive amounts of fly screens, difficulty in reaching or detaching fly screens, window removal for access, or filthy fly screens are not included in a standard maintenance clean and additional charges will apply. For work on buildings three stories (level 2 or equivalent) and above, permanent fixings, fly screens, and other covers may not be able to be removed externally.

You acknowledge that Shmik Services uses pure water reach and wash systems, which are washed clean, left to dry naturally, and do not require the window to be manually dried.

In certain circumstances, we may quote separately for an initial clean, which may be required before our standard maintenance clean to scrub calcium buildup, heavy dirt, bugs, insects, pollen marks, and the like from glass. This is a more involved process that requires additional methods and equipment compared to a standard maintenance clean.

The Customer's attention is drawn to the fact that we often see post-build residue, paint, or the like during scheduled standard maintenance cleans and that such residues will not be removed during a standard maintenance clean. The Customer will be advised of the state of the glass and informed that a quote will be provided for the residue to be removed when the windows are cleaned next.

Scope of Works for Other Cleaning Services

(a) Fixed-price quotes and estimates for other cleaning services, such as solar panel cleaning, are based on a standard amount of debris/buildup upon the surface. Unusual or excessive debris/buildup may result in additional charges. Examples of excessive debris/buildup include heavy amounts of mould, lichen, calcium buildup, hard water staining, greasy/oily/rust substances, or the like on surfaces such as solar panels and other surfaces

Variations, Exceptions and Time Expectations and Extensions

In the event of a variation to the proposed goods and services, Shmik Services may change the price by either providing a new quote or a written variation notice.

Shmik Services may charge an additional cost for delivering any goods to the Customer.

Unless specifically included, the following items are excluded from any quote and will be subject to additional cost:

Any unexpected or hidden complications arising during the course of providing the services or

Costs may include overtime rates for any services that may be provided outside of regular trading hours.

The Customer acknowledges and agrees that the completion date for any services may be extended due to external factors over which Shmik Services may have no control, such as inclement weather, delays due to other contractors or builders, force majeure events (including pandemics or epidemics) and/or the exclusions referred to in clause 7 (c) above.

Our arrival time on-site is an estimate based on our operational requirements and is subject to factors such as previous job delays and traffic issues. We aim to arrive on site within two hours of the estimated time provided to you by our operator. However, if a specific time or date is required for the provision of our services, they must be made known to our operator at least 24 hours before the scheduled work.

If any aspect of the work is missed or cannot be completed during our initial visit, we will return within seven days of the service to complete the work, although, in most circumstances, we will return sooner. If we are unable to return to the site due to factors beyond our control, we reserve the right to charge the fuller quoted amount for our services.

Title and Risk in Goods (if applicable)

If we provide you with goods in addition to our services, Shmik Services and the Customer agree that ownership of the goods will not pass until the Customer has paid Shmik Servies all amounts owing about the goods and any services.

The Customer may not grant an encumbrance or charge over any goods and/or services or transfer any interest in any goods while they remain the property of Shmik Services.

Shmik Services may request the return of the goods not paid for by the Customer. Suppose the Customer fails to return the goods. In that case, the Customer irrevocably authorises Shmik Services or its agent to enter land and premises owned, occupied, or used by the Customer or its agent, when and where any goods may be situated and take possession of the goods. If Shmik Services is unable to recover the goods, it may institute proceedings to recover them.

The Customer must provide Shmik Services with at least three working days' notice in writing of any cancellation of works. If the Customer fails to provide such notice, Shmik Services shall be entitled to retain any deposit paid or to payment of 10% (ten per cent) of the value of the goods or services, whichever amount is higher.

Although Shmik Services retains ownership of the goods until all goods and/or services have been paid in full, the entire risk for the goods passes to the Customer on delivery. Delivery shall be when the Customer takes possession of the goods at the Customer's nominated address (where Shmik Services or its nominated carrier affects delivery) or when the goods are collected by the Customer or its agent from Shmik Services or its supplier.

Customer's Responsibilities

The Customer shall be responsible for:

providing clear and free access to the worksite for Shmik Services and the provision of any utility services, at the cost of the Customer, to enable Shmik Services to carry out the Works and

Unless otherwise stated, obtaining and paying for all approvals, consents or permits required for the goods and/or services prior to commencement of the Works.

Defects and Warranties

The Customer shall inspect the Works on completion and report any defective Works or goods in writing to Shmik Services within five working days. That report shall clearly specify any alleged defects, shortage in quantity or damage. The Customer shall allow Shmik Services to inspect the alleged damage or defect within 14 working days from the date of written notification and allow Shmik Services to make good any defective services or goods within 30 working days of the Customer's inspection.

To the extent required by statute and subject to clause 10(c), Shmik Services warrants that if any defect in the goods and services is apparent and is reported to Shmik Services within seven business days of the provision of the services, then the Shmik Services, in its sole discretion, will either:

repair or replace the goods or supply equivalent goods, or

resupply the services or equivalent services, or

pay the cost of replacing the goods or acquiring equivalent goods or

pay the cost of repairing or replacing the goods or the resupply of the services, where the Customer has made payment in full.

The warranty in this clause ten shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) failure on the part of the Customer to properly maintain any Works; or

(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Shmik Services or

(iii) fair wear and tear, any accident or act of God.

The warranty shall cease, and Shmik Services shall thereafter in no circumstances be liable under the terms of the warranty if the goods and/or services are repaired, altered, or overhauled without Shmik Services' consent.

(e) With respect to all claims, Shmik Services shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or properly assessing the Customer's claim.

(f) For goods not manufactured by Shmik Services, the warranty shall be the current warranty provided by the manufacturer. Shmik Services shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer's warranty.

(g) Nothing in these terms is intended to have the effect of enabling Shmik Services to contract out of any applicable provisions of the Competition and Consumer Act 2010 (Cth), the Building Act 1993, or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

(h) We will rectify any damage caused to roof tiles or other items, except where we damaged an item or roof tile because it was in poor condition or partially damaged already. Any damaged items will either be replaced at our cost, or the Customer will be reimbursed for the item's current value.

Personal Property Securities Act, 2009 (PPSA)

(a) The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all goods that have previously been supplied and that will be supplied in the future by Shmik Services to the Customer.

(b) The Customer undertakes to:

(i) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Shmik Services may reasonably require to;

register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

correct a defect in a statement referred to in clause 9(b)(i)(a) or (b);

(ii) indemnify, and upon demand reimburse, Shmik Services for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register established by the PPSA or releasing any goods and/or services charged thereby;

(iii) not register a financing change statement in respect of a security interest without the prior written consent of Shmik Services;

(iv) not register, or permit to be registered, a financing statement or financing charge statement in relation to the goods and/or services in favour of a third party without the prior written consent of Shmik Services.

(c) Shmik Services and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

(d) The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

(e) The Customer waives their rights as a grantor and/or a debtor under section 142 and 143 of the PPSA.

(f) Unless otherwise agreed to in writing by Shmik Services, the Customer waives the right to receive a verification statement in accordance with section 157 of the PPSA.

(g) If it is held that section 125 of the PPSA must apply, the Customer agrees that at any time after any security interest provided for by these terms and conditions has become enforceable, Shmik Services may delay taking action to retain the whole or part of the collateral, to the extent permitted by law.

(h) The Customers right to possession of goods still owned by Shmik Services shall cease if:

the Customer being an individual, commits an act of bankruptcy;

the Customer being a company, circumstances arise where a receiver, manager, administrator, liquidator or controller becomes entitled to take possession of any of its assets, any proceedings are instituted for winding up, or the Customer enters into a deed of arrangement ;

the Customer ceases or threatens to cease conducting business in the normal manner, or applies for deregistration or receives a deregistration notice;

any cheque the Customer provides to Shmik Sevices is dishonoured;

the Customer fails to comply with any demand for payment issued by Shmik Services or

the Customer breaches any of these terms and conditions.

(i) The Customer must unconditionally ratify any actions taken by in terms of this clause.

(j) Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Default

Suppose the Customer breaches the provisions of these terms and conditions. In that case, Shmik Services may suspend or terminate the supply of the goods and/or services to the Customer. Shmik Services will not be liable to the Customer for any loss or damage the Customer suffers because Shmik Services has exercised its rights in terms of this clause.

In the event of the Customer failing to pay any amount due in terms of these terms and conditions, the Customer becoming insolvent, convening a meeting with its creditors, entering into a deed of arrangement with creditors or making an assignment for the benefit of its creditors, or a receiver, manager, liquidator or similar person being appointed in respect of the Customer, then, without prejudice to any other remedies at law, Shmik Services will be entitled to cancel the agreement entered into in accordance with these terms and conditions and immediately claim all amounts owing to Shmik Services.

Shmik Services will be entitled to claim any reasonable costs of recovering monies owing by the Customer, including legal costs on a solicitor and own client basis and costs of a debt collection agency.

Corporate Entity, Guarantee and Joint and Several Liability

(a) If the Customer is a corporate entity, the person signing on behalf of that entity warrants that they are a duly authorised representative of the entity, and that person hereby personally guarantees performance by the Customer of all its obligations as specified in these terms and conditions and agrees to be jointly and severally liable for the debts of the Customer on a principal/ debtor basis.

Limitation of liability

(a) In the event of any breach of these terms and conditions by Shmik Services, the remedies of the Customer shall be limited to damages, which shall not exceed the price of the goods and/or services under any circumstances. Shmik Services shall furthermore not be liable for any indirect loss and/or expense (including loss of profits) suffered by the Customer due to a breach of these terms and conditions by Shmik Services.

(b) Neither party shall be liable for any breach of contract or liable for any default, delays or failure to perform any of that party's obligations in terms of these terms and conditions due to any act of God, force majeure (including pandemics or epidemics) or any other event beyond the reasonable control of that party.

Dispute

(a) If any dispute arises out of this agreement, the parties will attempt to resolve the dispute informally. If the parties have not resolved their dispute within 10 business days of one party notifying the other party in writing of the nature of the dispute, then the parties agree to:

engage a mediator selected by agreement or, failing agreement, within five business days after one party nominates a mediator in writing, selected by the President of the Law Institute of Victoria or their nominee; and

conduct a mediation in respect of the dispute within 20 business days after the mediator is appointed.

(b) The parties agree to each pay half of the mediator's fees.

(c) A party must not commence court proceedings, except proceedings seeking interlocutory relief or for the recovery of monies owing to Shmik Services, in respect of a dispute arising out of these terms and conditions, unless it has complied with this clause.

16. Privacy

(a) These terms and conditions are subject to, and should be read with, Shmik Services Privacy Policy, which is available on request.

17. General

(a) These terms and conditions and the agreement entered into between the parties shall be governed by the laws of the State of Victoria, and each party submits to the non-exclusive jurisdiction of that state's courts.

(b) In the event that any of these terms and conditions are found to be invalid, illegal or unenforceable, such validity, legality and enforceability shall not affect the validity of any other remaining provisions of these terms and conditions.

Website terms & conditions of trade

Please take the time to read these terms and conditions. By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

Services means window cleaning and other types of cleaning we provide.

The Website means the website www.shmik.com.au

We / Us, etc., means Shim Services and any subsidiaries, affiliates, employees, officers, agents, or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree to use this Website in accordance with all applicable local, state, national, and international laws, rules, and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website that are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent, obscene or in any other way inappropriate or conflict with the Website or the Services offered, then we may, at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.

If you wish to use our content, images, or other intellectual property, you should submit your request to us on our website.

Trademarks

The trademarks and logos on this Website are trademarks of Shmik Services. Use of these trademarks is strictly prohibited except with our express written consent.

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising from or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link that suggests any association, approval, or endorsement on our part with respect to your Website unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any content or statements on this Website or our Services. Statements made are by way of general comments only, and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty except any warranties provided by law. We are not liable for any damages whatsoever incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, please refer to he Privacy policy on our website.

Confidentiality

All personal information you give us will be treated confidentially in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other appropriate country or jurisdiction.

Offers

All offers are subject to terms and conditions. Any discounted service must be booked within a specified timeframe.

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