Terms of Service for Dylan’s Mowing

Effective Date: 1st of January 2025

Welcome to Dylan’s Mowing. By accepting our quotes and services, you (“Customer”) agree to the following Terms of Service (“ToS”). If you do not agree with any part of these terms, please refrain from proceeding with the service.

1. Definitions
   • Company: Dylan’s Mowing (referred to as “we,” “our,” or “us”).
   • Customer: The entity accepting the quote and receiving services.
   • Goods and Services: The products and services outlined in the quote and provided by the Company.
2. Acceptance of Quotes
   • Agreement: By accepting a quote, you enter into a binding agreement to purchase the specified services outlined in the quote.
   • Discrepancies: If any discrepancies arise between the terms of the quote and these ToS, the quote shall take precedence.
3. Payment Terms
   • Due Date: Payments are due on the date specified on the invoice.
   • Overdue Fees: A $20 late fee will be charged if the invoice is not paid by the due date, applied on the day following the due date.
   • Debt Collection: If an account remains unpaid for more than 30 days, debt recovery actions may be initiated, and the customer will be liable for all costs incurred, including collection fees, legal fees, and other associated costs.
4. Cancellations
   • Notice Period: A 24-hour notice is required for cancellations.
   • Cancellation Fees: Same-day cancellations will incur a 50% cancellation fee.
   • Rescheduling: No additional cost applies if the service is rescheduled the day before.
5. Overgrowth Lawns
   • Additional Charges: If a lawn is significantly overgrown, additional charges may apply.
   • Assessment: The cost for overgrown lawns will be assessed on a case-by-case basis by the Company.
6. Recurring Services
   • Service Frequency: Services are recurring (weekly, fortnightly, or monthly) with no lock-in contract.
   • Modification or Cancellation: Customers may modify or cancel the service agreement anytime in accordance with the cancellation policy.
   • Weather Delays: If a service is delayed due to weather conditions (e.g., rain), additional charges may apply for extended services if the delay causes further growth.
7. Pet Waste
   • Pet Waste Removal: Customers must remove dog waste before the scheduled service. If waste is present, only accessible areas will be serviced.
8. Gates and Access
   • Customer Responsibility: It is the customer’s responsibility to ensure the property is accessible on the service day.
   • Service Limitation: If access is not provided, only the accessible areas will be serviced, and the full service fee will apply.
9. Our Services
   • Lawn Mowing: Lawn mowing services are charged at a fixed rate, not hourly.
   • Gardening: Gardening services are charged at an hourly rate, with a minimum of 30 minutes if booked with lawn mowing, or a minimum of 1 hour if booked separately. Rates are per person; if two people are onsite, they will split the total time to complete the work (e.g., if 1 hour is required, both individuals will work for 30 minutes each).
10. Delivery and Risk

• Risk Transfer: Risk for the goods and services transfers to the customer once delivered. The company is not liable for any delays, including those caused by weather or unforeseen events.

1. Liability

• Customer Responsibility: Customers are responsible for ensuring that lawns are clear of debris before our team arrives.
• Damages: The company is not liable for any damages caused by debris, obstacles, or other hazardous conditions present on the property.

1. Title of Goods

• Ownership: Ownership of goods remains with the company until full payment for those goods is received.

1. Limitation of Liability

• Services Provided “As-Is”: Services are provided on an “as-is” basis.
• Limitation: The company is not liable for indirect, incidental, or consequential damages arising from the provision of services.

1. Privacy and Data Use

• We collect and use personal information in accordance with our Privacy Policy for internal purposes such as credit assessments, processing payments, and providing service updates. We will not share your personal data without your consent, unless required by law.

1. Governing Law

• These Terms of Service are governed by the laws of Queensland, Australia.

1. Severability

• If any provision of this ToS is found to be unenforceable, the remaining provisions shall continue to be in full effect.

1. Disputes and Resolution

• Notification: Customers must notify Dylan’s Mowing within 7 days of receiving the invoice if there are any concerns or issues regarding the service. If no notification is received within this time frame, the service will be considered completed to standard, and full payment will be due.
• Explanation: The customer must provide a clear explanation of the issue and will be offered options to resolve the situation. After the 7-day period, the service will be considered completed and satisfactory, and the customer will no longer have grounds to dispute the service.
• Condition of Lawn: Please note, if a dispute is raised after 7 days, and the condition of the lawn has changed (e.g., the grass has grown), the company will not be responsible for subjective dissatisfaction based on photos or feedback provided after the service date. Any photos submitted will not accurately reflect the quality of the original mowing service once the lawn has grown, and payment will remain due in full.

1. Contact Information

• For questions, concerns, or support, please contact us:
  • Email: info@dylansmowing.com
  • Phone: 1300 984 778

1. Additional Terms

• Force Majeure Clause: The company shall not be liable for failure to perform its obligations due to circumstances beyond its control, including, but not limited to, acts of nature, government actions, war, strikes, or pandemics.
• Indemnity Clause: The customer agrees to indemnify and hold harmless Dylan’s Mowing, its officers, employees, and agents from any claims, damages, or liabilities arising out of the customer’s actions or negligence during the provision of services.
• Insurance and Damages: Dylan’s Mowing carries general liability insurance for the protection of its services. However, customers are encouraged to maintain their own property insurance to cover any damages outside of the scope of our services.
• Customer Responsibilities for Safety: The customer is responsible for ensuring that the work site is free of hazardous conditions that may cause injury or damage. The company reserves the right to refuse service if the site is deemed unsafe.
• Right to Refuse Service: The company reserves the right to refuse or stop service if the customer is in breach of any of the terms of service or if the work environment is deemed unsafe for our team.
• Payment for Unfinished Work: If the service is interrupted due to weather, customer request, or unforeseen events, the customer agrees to pay for all work completed up until the point of interruption.
• Data Retention: The company may retain customer data, including personal information and payment history, for a period of [X] years for the purpose of maintaining service records and improving customer service. Customers may request to have their information deleted at any time.
• Price Adjustments: The company reserves the right to adjust prices for services based on market conditions, cost of materials, or other factors. Customers will be notified of any price increases at least [X] days in advance.
• Photos and Media Usage: The customer grants the company permission to take before and after photos of the property for promotional purposes. These images may be used on the company website, social media, and marketing materials, unless the customer explicitly requests otherwise.
• Subcontractors: Dylan’s Mowing may subcontract portions of the services to third parties. The subcontractors will be bound by the same terms and conditions outlined in this agreement.
• Electronic Communications: By accepting these terms, the customer consents to receiving communications from the company electronically, including service reminders, promotions, and other relevant updates.
• Third-Party Sites and Links: Our website may contain links to third-party sites. Dylan’s Mowing is not responsible for the content, privacy practices, or actions of any third-party websites.